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Title III Disability Discrimination Corporate Counsel

Seyfarth Shaw LLP

Federal Court Website Accessibility Lawsuit Filings Continue to Decrease in 2024

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Plaintiffs filed 2,452 website accessibility lawsuits in federal court in 2024 – a 13% decrease from 2023....more

Seyfarth Shaw LLP

ADA Title III Federal Lawsuit Numbers Rebound to 8,800 in 2024

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The two-year decline in ADA Title III filings stopped in 2024, with plaintiffs increasing filings back to 8,800 complaints in 2024....more

Seyfarth Shaw LLP

Our 2024 ADA Title III Recap and Predictions for 2025

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2024 saw some interesting developments and an uptick in lawsuit filings from 2023; expect less ADA Title III enforcement and rulemaking activity from DOJ in 2025....more

Seyfarth Shaw LLP

SDNY Chief Judge to ADA Plaintiff: Court Closed for Business to Online-Only ADA Web Cases

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Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause...more

Seyfarth Shaw LLP

2024 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Rebound (A Little)

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Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.”...more

Seyfarth Shaw LLP

Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023

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Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022....more

Seyfarth Shaw LLP

Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

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A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

2023 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Continue to Decline

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Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 continues in 2023. New York remains the filing hotspot....more

Seyfarth Shaw LLP

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

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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

Fisher Phillips

SCOTUS Will Hear Case About ADA Accommodation “Tester” Who Sued Business She Never Planned to Visit

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The Supreme Court just agreed on Monday to weigh in on whether a private citizen can serve as a legal “tester” that goes from business to business looking for – and suing for – alleged violations of the Americans with...more

Baker Donelson

Fourth Circuit Holds Website "Tester" Has Standing to Sue Under the ADA

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Businesses take note: In Laufer v. Naranda Hotels, LLC, No. 20-2384, decided February 15, 2023, the Court of Appeals for the Fourth Circuit decided that a self-professed 'tester' who has filed hundreds of similar lawsuits...more

Seyfarth Shaw LLP

ADA Title III Crystal Ball: What’s Ahead for 2023?

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Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda....more

Seyfarth Shaw LLP

2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared To 20212022 ADA Title III Mid-Year Federal Lawsuit Filings...

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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 Shaw LLP

Websites Are Not A Public Accommodation Under the ADA, Says California Court of Appeals

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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

Katten Muchin Rosenman LLP

ADA Claims Continue to Snag Online Merchants - Katten Kattwalk | Issue 24

Title III of the American Disabilities Act, 42 USC §§ 12181 – 12189 (ADA), generally prohibits discrimination on the basis of an individual's disability in a place of "public accommodation." Initially after the ADA's...more

Jackson Lewis P.C.

Justice Department Breaks its Silence Regarding Website Accessibility

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The Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA (the “Guidance”) regarding website accessibility under Title III of the Americans with Disabilities Act (“Title III”). The Guidance explains...more

Akerman LLP - HR Defense

Landmark ADA Case Leaves More Questions Than Answers on Website Obligations

Businesses hoping for clarification on their obligations to ensure their websites comply with Title III of the Americans with Disabilities Act (ADA) will still have to wait, following a recent federal appellate court...more

Blank Rome LLP

New York District Court Issues Important Opinion on the Inapplicability of Title III of the ADA to Consumer-Facing Websites

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In Winegard v. Newsday LLC, U.S. District Judge Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (“ADA”) and granted Newsday’s...more

Littler

New York District Court Ruling May Provide Relief to Some Companies Facing Claims Over the Accessibility of Their Websites

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A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA) that...more

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

Eleventh Circuit Court of Appeals Creates New Standard for Standing in Title III Cases Against Gas Stations

For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when, after obtaining default judgments against two gas...more

Blank Rome LLP

U.S. District Court for the Eastern District of New York Issues Important Opinion on the Inapplicability of Title III of the...

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In Winegard v. Newsday LLC, No. 19-CV-04420(EK)(RER) (E.D.N.Y. August 16, 2021), the Honorable Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with...more

Burr & Forman

ADA Title III Website Accessibility Lawsuits On The Rise

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The number of ADA Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately 11,000 ADA Title III lawsuits were filed in federal courts. ...more

Goodwin

Because Of Winn-Dixie, Companies Threatened With Website-Accessibility Litigation Can Raise Stronger Defenses

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A federal appeals court has issued a long-awaited decision rejecting a claim that anti-discrimination law requires a retail store’s website to be accessible to the disabled. Any company with a customer-facing website —...more

Lowndes

Winn-Dixie Wins Legal Suit, Maybe Shoots Self in Foot

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Jacksonville, Florida based supermarket chain Winn-Dixie Stores, famously known as “The Beef People” when I was growing up, has been battling a visually impaired plaintiff who sued the company alleging that its website...more

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