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
The year 2021 was a blockbuster for ADA Title III lawsuits filed in federal court, with over 11,452 filings. At the end of June 2021, the lawsuit count was 6,304. This year, the number of lawsuits filed by the end of June...more
Seyfarth Synopsis: Plaintiffs continue filing ADA Title III lawsuits in record numbers with no sign of stopping.
As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020...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: A federal judge dismisses the first two of hundreds of pending lawsuits filed against hotels for allegedly not providing enough accessibility information on their reservations websites....more
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: Serious sanctions imposed on a serial ADA Title III plaintiff and his attorney should concern the plaintiffs’ bar....more
Seyfarth Synopsis: DOJ provides guidance on sales/service counter rules in the 2010 Standards that provides some relief to businesses....more
Seyfarth Synopsis: Is it a service animal or an emotional support animal? Do I have to allow both? How to tell one from the other, and the rules that apply....more
8/8/2018
/ Accessibility Rules ,
Air Carrier Access Act (ACAA) ,
Airlines ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Fair Housing Act (FHA) ,
Policies and Procedures ,
Property Owners ,
Public Accommodation ,
Real Estate Market ,
Service Animals ,
Title III ,
Transportation Industry
On May 21, a California state court in Los Angeles held on summary judgment that the Whisper Lounge restaurant violated California’s Unruh Act by having a website that could not be used by a blind person with a screen reader,...more
6/4/2018
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Damages ,
Disability Discrimination ,
Public Accommodation ,
Summary Judgment ,
Technology ,
Title III ,
Unruh Civil Rights Act ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: HR 620 requires potential plaintiffs to provide businesses with notice of architectural barriers and give them an opportunity to remove them before filing suit. ...more
Seyfarth Synopsis: Florida’s recently-enacted House Bill 727 gives businesses a way to deter serial plaintiffs from suing them in Florida state courts....more
Seyfarth Synopsis: Utah businesses are experiencing an unprecedented number of ADA Title III lawsuits....more
Seyfarth Synopsis: Fewer online videos from UC Berkeley will available to the public as a result of a DOJ demand that the videos have closed captioning....more
3/14/2017
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Closed Captioning ,
Department of Justice (DOJ) ,
Digital Media ,
Educational Institutions ,
iTunes ,
Online Videos ,
Public Access Laws ,
Title II ,
University of California ,
YouTube
Seyfarth Synopsis: Retailer and Texas bankers go on the offense in response to ADA Title III lawsuits and demand letters.
Hundreds, possibly thousands, of banks, retailers, and other businesses have received demand...more
3/2/2017
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Banks ,
Confidentiality Agreements ,
Declaratory Relief ,
Demand Letter ,
Mootness ,
Retailers ,
Settlement ,
Title III ,
Web Content Accessibility Guidelines (WCAG)
Seyfarth Synopsis: The number of access lawsuits has surged in both Arizona state and federal courts, prompting an unprecedented intervention by the Arizona Attorney General.
By our count, nearly 300 ADA Title III...more
Seyfarth Synopsis: New Affordable Care Act and Medicaid Regulations will require covered entities providing health care programs and services have accessible electronic information technology, including accessible...more
Seyfarth Synopsis: In a refreshing breath of fresh air, a federal judge holds that an intent to return as a “tester” does not give a plaintiff standing to sue under Title III of the ADA....more
In late July, coinciding with the 25th Anniversary of the Americans with Disabilities Act (“ADA”), the Department of Justice (“DOJ”) entered into a landmark settlement agreement with Carnival Corp. to improve the physical...more
For today’s Global Accessibility Awareness Day, we have yet another Department Justice enforcement action to report relating to the allegedly inaccessible websites and other technologies. This time, DOJ is trying to...more