News & Analysis as of

Americans with Disabilities Act (ADA) Unruh Civil Rights Act

Venable LLP

Supreme Court Forgoes Chance to Resolve Issue of Class Certification under Rule 23

Venable LLP on

On June 5, 2025, the U.S. Supreme Court was set to rule in Labcorp v. Davis, which sought to resolve division among federal circuit courts regarding the certification of a damages class under Rule 23 of the Federal Rules of...more

Snell & Wilmer

Is a Cure on the Way for Small Businesses Facing Construction-Related Accessibility Claims?

Snell & Wilmer on

The California legislature may be providing California small businesses with another tool to combat construction-related accessibility claims through Senate Bill 84 (SB 84) which advanced to the State Assembly on June 4,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Senate Passes Nation’s First Bill for Accessibility Violation Cure Period

The California Senate recently passed legislation (Senate Bill No. 84) that would require a plaintiff to give a qualified business notice and 120 days to cure an accessibility violation before filing a lawsuit seeking...more

BakerHostetler

The Supreme Court Punts Uninjured Class Question: Analyzing ‘Laboratory Corp. of America Holdings v. Davis’

BakerHostetler on

On June 5, 2025, the Supreme Court dismissed the petition in Laboratory Corp. of America Holdings v. Davis on procedural grounds as having been “improvidently granted” and declined to address the underlying merits question...more

Seyfarth Shaw LLP

False Start: U.S. Supreme Court Declines to Decide Whether Courts May Certify Damages Classes That Include Uninjured Class Members

Seyfarth Shaw LLP on

On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so,...more

Troutman Pepper Locke

Supreme Court Avoids Class-Action Review Due to Mootness Concerns

Troutman Pepper Locke on

On June 5, the U.S. Supreme Court dismissed a writ of certiorari as improvidently granted, leaving unresolved a significant question regarding class-action certification under Federal Rule of Civil Procedure 23. The question...more

McGlinchey Stafford

SCOTUS to Decide Whether a Class Can Be Certified Despite Some of Members Lacking Damages

McGlinchey Stafford on

On April 29, 2025, the U.S. Supreme Court heard oral arguments in Laboratory Corporation of America Holdings, d/b/a Labcorp v. Davis et al., No. 24-304 (2025 Term) to determine whether certification is appropriate in a class...more

Lathrop GPM

California Federal Court Dismisses ADA and California Unruh Act Claims Against Franchisor

Lathrop GPM on

A federal court in California granted Dunkin’ Donuts’ motion to dismiss claims by customers alleging that a surcharge for non-dairy substitutes in beverages discriminated against customers with lactose intolerance and milk...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Gears Up to Resolve Circuit Split on Class Injury Requirements

On January 24, 2025, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis, No. 24-0304, which may result in the resolution of a long-standing circuit split on a dispute key to class certification. In...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Equinox Holdings, Inc. for Disability and Sex Discrimination

Federal Agency Charges Fitness Company Failed to Hire Woman with Endometriosis Due to Her “Monthly Cycle” - WASHINGTON – Equinox Holdings, Inc. (Equinox), which owns and operates fitness facilities and gyms nationwide,...more

Seyfarth Shaw LLP

Football Stadium May Have Fumbled Wheelchair User’s Seating Request, Federal Court Rules

Seyfarth Shaw LLP on

A federal court recently held that a football stadium must make reasonable modifications to its seating policy to allow a wheelchair user with a ticket for a non-wheelchair accessible seat access to view the game in person....more

Seyfarth Shaw LLP

Ninth Circuit Green Lights Kiosk Accessibility Class Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind....more

CDF Labor Law LLP

District Attorneys’ Unfair Competition Claim Against Serial ADA Litigant Barred By Litigation Privilege

CDF Labor Law LLP on

Companies hit with website accessibility or physical access claims brought under the Americans with Disabilities Act of 1990 (ADA) and/or California’s Unruh Civil Rights Act (Unruh Act) may experience great frustration upon...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

Seyfarth Shaw LLP

California Assembly Bill on Website Accessibility Downgraded from Potential Lawsuit Tsunami to 2024 Weather Watch

Seyfarth Shaw LLP on

Seyfarth Synopsis: AB 1757, which would set a standard for website accessibility for businesses in California, has been held in the Legislature to resume discussion in 2024....more

Davis Wright Tremaine LLP

California Proposes Website Accessibility Law with Significant Compliance Obligations and Liability Risks Nationwide

On June 12, 2023, the California Assembly's Judiciary Committee replaced the full contents of AB 1757 (a bill originally addressing court consolidation) with new legislative language featuring heightened standards for...more

Seyfarth Shaw LLP

New California Assembly Bill on Website Accessibility Could Result in a Lawsuit Tsunami

Seyfarth Shaw LLP on

Seyfarth Synopsis: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and...more

Mintz

U.S. Supreme Court Grants Cert in ADA “Tester” Case

Mintz on

In late March, the United States Supreme Court granted certiorari involving a case that could have a nationwide impact on lawsuits brought under Title III of the Americans with Disabilities Act (“ADA”). The case, titled...more

K&L Gates LLP

New California Bill Expands Guidance to Businesses to Mitigate Accessibility Claims for Websites, Parking Lots, and Other Exterior...

K&L Gates LLP on

In California, the Unruh Civil Rights Act (Unruh) seeks to protect individuals from discrimination on the basis of disability and includes accessibility requirements for privately owned businesses. Businesses that do not...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Supplemental Jurisdiction Declined

This week, the Ninth Circuit approves a district court decision to decline supplemental jurisdiction in a joint California Unruh Civil Rights Act and Americans with Disabilities Act case. VO V. CHOI - The Court holds...more

Husch Blackwell LLP

Some Clarity At Last: California Court of Appeals Holds Websites Are Not Places of Public Accommodation Under the ADA

Husch Blackwell LLP on

On August 1, 2022, the California Court of Appeals issued an opinion that will put a stop to website accessibility discrimination cases against online-only businesses brought pursuant to the state’s Unruh Act. The case,...more

K&L Gates LLP

California Court Curbs Website Accessibility Claims Against Online-Only Businesses

K&L Gates LLP on

Title III of the Americans with Disabilities Act (ADA) prohibits private entities from discriminating against disabled individuals. Specifically, it prohibits a “place of public accommodation” from discriminating “on the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Signal Piracy and Supplemental Jurisdiction

This week, the Ninth Circuit examines the requirements for signal piracy liability under the Cable Communications Policy Act and Communications Act, and explains when courts must give notice before dismissing a state law...more

Morgan Lewis

California Appellate Court Holds Web Access Claims Against Web-Only Businesses Fail Under ADA and Unruh Act

Morgan Lewis on

The California Court of Appeal, Second Appellate District, issued a decision on August 1 holding that websites without any connection to physical place of business are not “places of public accommodation” under Title III of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

​​​​​​​On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil...more

59 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide