Seyfarth Synopsis: SCOTUS grants certiorari on an ADA Title III case for the first time in 18 years to resolve a circuit split on whether an ADA plaintiff has standing to sue without having any intention of frequenting the...more
3/28/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Certiorari ,
Disability Discrimination ,
Failure to Accommodate ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Title III ,
Website Accessibility ,
Websites
Seyfarth Synopsis: The number of ADA Title III lawsuits filed in federal court dropped by 24 percent, the lowest since 2017, and California is no longer the center of the ADA Title III universe....more
Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda....more
Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda....more
Seyfarth synopsis: Ninth Circuit judges are getting tougher on lawyers who represent serial plaintiffs by reducing their fees and threatening sanctions for citing outdated law....more
Seyfarth Synopsis: In this blog we examine data showing an unexpected drop in the number of Title III Americans with Disabilities Act suits filed so far in 2022, particularly in California....more
Seyfarth Synopsis: The California Court of Appeals puts an end to lawsuits against online only businesses in California and calls out DOJ and Congress for inaction....more
Seyfarth synopsis: The Ninth Circuit holds that a restaurant’s practice of exclusively providing service at the drive-through and refusing to serve pedestrians at the drive-through line does not violate the ADA....more
Seyfarth Synopsis: Congressmen Budd and Correa try to address website and mobile app accessibility in a new bill called the “Online Accessibility Act.” ...more
10/14/2020
/ Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth synopsis: Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual....more
Seyfarth Synopsis: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites....more
Seyfarth Synopsis: The Ninth Circuit holds that the ADA does not require a 36 inch length of clear sales counter space when the entire counter provided for all customers is at an accessible height....more
Several weeks ago, we blogged about mask objectors presenting businesses with documents bearing the U.S. Department of Justice seal stating that they are not required to wear masks because of their disability. ...more
6/3/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Retailers ,
Risk Management ,
Title III ,
Workplace Safety
Seyfarth Synopsis: Businesses get another win in a lawsuit demanding gift cards with Braille....more
5/14/2020
/ Americans with Disabilities Act (ADA) ,
Boilerplate Language ,
Disability Discrimination ,
Foot Locker ,
Gift-Cards ,
Permanent Impairments ,
Popular ,
Public Accommodation ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Title III
Seyfarth Synopsis: In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards....more
Seyfarth Synopsis: The U.S. Health and Human Services Department Office for Civil Rights issued a bulletin reminding healthcare and other entities receiving federal funds that their anti-discrimination obligations under...more
Seyfarth Synopsis: The ADA Title III federal lawsuit numbers in 2019 topped 11,000 for another all-time record.
Plaintiffs filed at least 11,053 ADA Title III lawsuits in federal court in 2019 — 890 (or 8.8%) more than in...more
Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more
1/7/2020
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Dominos ,
Gift-Cards ,
Hospitality Industry ,
Hotels ,
Mobile Apps ,
Permanent Impairments ,
Public Accommodation ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Enterprising plaintiffs in New York are suing more than 100 businesses under a new theory – – that ADA Title III requires Braille gift cards....more
11/5/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Corporate Counsel ,
Disability Discrimination ,
Gift-Cards ,
Permanent Impairments ,
Public Accommodation ,
Regulatory Standards ,
Regulatory Violations ,
Restaurant Industry ,
Retail Market
Seyfarth Synopsis: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018. Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s...more
11/4/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Denial of Certiorari ,
Disability Discrimination ,
Dominos ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
SCOTUS ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The Supreme Court Leaves the Ninth Circuit’s Robles v. Domino’s decision intact, dashing businesses’ hope for some relief from website accessibility lawsuits....more
10/9/2019
/ Americans with Disabilities Act (ADA) ,
Denial of Certiorari ,
Disability Discrimination ,
Dominos ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA....more
9/11/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Dominos ,
Due Process ,
Popular ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The Supreme Court will decide whether to hear its first website accessibility case now that briefing on Domino’s Petition for Certiorari is complete....more
8/15/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Franchises ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Regulatory Standards ,
SCOTUS ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
The task of counting the number of ADA Title III lawsuits filed in federal courts grows with the ever-increasing numbers of lawsuits. For the period from January 1, 2019 through June 30, 2019, our research team counted 5,592...more
Seyfarth Synopsis: Courts in the Fourth Circuit are taking a hard look at a plaintiffs’ standing in website accessibility cases.
In a small but potentially important victory for defendants facing website accessibility...more
7/5/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Injury-in-Fact ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites