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Plaintiffs Set a New Record for Website Accessibility Lawsuit Filings in 2022

Seyfarth Synopsis: Plaintiffs filed 3,225 website accessibility lawsuits in federal court in 2022 – a 12% increase over 2021....more

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

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

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

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

UC Berkeley Enters Into Consent Decree with DOJ About Its Websites and Other Online Content 

Seyfarth Synopsis:  UC Berkeley and the DOJ resolve an 8-year investigation with a comprehensive Consent Decree that requires UC Berkeley to make virtually all the content on its online platforms accessible to people with...more

Ninth Circuit Judges Express Displeasure with Serial Plaintiffs and Their Attorneys

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getting tougher on lawyers who represent serial plaintiffs by reducing their fees and threatening sanctions for citing outdated law....more

U.S. Access Board Issues Advanced Notice of Proposed Rulemaking For Self-Service Kiosks

Seyfarth Synopsis: The U.S. Access Board published an ANPRM on September 21, 2022 requesting public comment on nine questions as it prepares draft regulations addressing the accessibility of self-service kiosks....more

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

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

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

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

2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared to 2021

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

Standards for Accessible Medical Diagnostic Equipment, EV Charging Stations, and Self-Service Equipment Are Forthcoming

Seyfarth synopsis:  The Spring 2022 Unified Regulatory Agenda is out with rulemakings on medical equipment, EV charging stations and fixed self-service transaction machines on the list of items to be addressed....more

Robles v. Domino’s Settles After Six Years of Litigation

Seyfarth Synopsis: One of the most famous accessibility lawsuits of all time finally settles before trial under terms that may never be known....more

Second Circuit Blasts Mass-Produced, “Mad-Libs-Style” ADA Title III Complaints and Affirms Dismissal of Four Braille Gift Card...

Second Circuit issues scathing decision directed at “mad lib”-style serial ADA Title III complaints, and affirms-on the basis of standing-the dismissal of four lawsuits alleging that retailers violated the ADA by not...more

Website Accessibility Plaintiff Loses After Federal Trial On Standing and Other Grounds

Seyfarth Synopsis: A California federal court decided after a trial that a blind plaintiff did not have standing to bring a lawsuit about an inaccessible website under Title III of the ADA, and California’s Unruh Act only...more

Bringing Website Accessibility Lawsuits in New York Just Got a Little Harder for Repeat Plaintiffs

Seyfarth Synopsis:  A recent Second Circuit decision holds that a plaintiff’s encounter with an alleged legal violation on a website, without more, does not give that plaintiff standing to sue under Title III of the ADA....more

Federal Website Accessibility Lawsuits Increased in 2021 Despite Mid-Year Pandemic Lull

Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2021 jumped 14% over 2020, besting the 12% 2020 increase aided by a huge November 2021 spike in filings....more

The DOJ’s New Guidance Says Website Accessibility is an Enforcement Priority but Provides No New Legal Insights

Seyfarth synopsis:  The DOJ issued a new guidance on website accessibility that contains basic information about the ADA’s requirements for lay people but no new information for legal practitioners....more

As the Winn-Dixie Saga Finally Concludes in Florida, 181 Advocacy Groups Urge DOJ to Issue Website Accessibility Regulations

Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; while disability rights advocates demand regulatory action from DOJ...more

ADA Title III Federal Lawsuit Filings Hit An All Time High

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

Gil v. Winn-Dixie: It’s Not Over Yet

Seyfarth synopsis:  Winn-Dixie has asked the Eleventh Circuit to recall its decision to dismiss the appeal and underlying lawsuit as moot and that the decision be reconsidered by a full panel of Eleventh Circuit judges....more

A Status Update on Hotel Reservations Website Lawsuits

Seyfarth Synopsis: Hotels have been fighting a tsunami of hotel reservations website lawsuits with good results so far....more

Ninth Circuit Says Restaurant Does Not Discriminate Against the Blind By Providing Only Drive-Through Service

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

Biden Department of Justice Steps up ADA Title III Enforcement

Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation....more

Businesses Score a Few Recent Wins in Website Accessibility Lawsuits

Seyfarth Synopsis: Three businesses prevail in website accessibility lawsuits in New York and California.  Defending website accessibility lawsuits can be an expensive and difficult battle for public accommodations, but there...more

ADA Title III Federal Mid-Year Lawsuit Numbers at an All-Time High

Seyfarth Synopsis: ADA Title III lawsuit filings in federal courts on pace for a record year. Regular readers will doubtless recall that 2020 was a down year (but just barely) for lawsuits filed in federal court alleging...more

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