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Civil Procedure Communications & Media Civil Rights

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Website Accessibility Update: California Federal Court Denies Hobby Lobby’s Motion to Dismiss

by Bryan Cave on

Another website accessibility decision against a retailer, this time involving Hobby Lobby Stores, Inc. in the Central District of California, highlights the uncertainty of the law and of litigating such cases while courts...more

Plaintiffs Score Another Victory in a Website Accessibility Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal judge in the Central District of California has allowed a blind plaintiff to continue his lawsuit about the accessibility of a public accommodation’s website under Title III of the ADA, despite...more

Don’t Get Caught Whistling Winn-Dixie: Rethinking ADA Compliance After First-of-its-Kind Verdict

On June 13, 2017, the US District Court for the Southern District of Florida issued a verdict in a first-of-its-kind federal trial involving the alleged inaccessibility of a website under the Americans with Disabilities Act...more

Federal Court in Florida Rules that a Grocery Store Must Make its Website Accessible

by Conn Maciel Carey LLP on

Our retail and hospitality clients often ask whether the Americans with Disabilities Act (“ADA”) requires their websites to be accessible for individuals with disabilities. Unfortunately, as we have previously explained,...more

Blind Plaintiff Prevails in First-of-Its-Kind ADA Website Accessibility Trial against Grocery Store Chain

by Rumberger Kirk & Caldwell on

In what is believed to be the first Americans with Disabilities Act (“ADA”) accessibility lawsuit to go to trial in Florida, Gil v. Winn-Dixie Stores, No.: 16-cv-23020-RNS (S.D. Fla. June 13, 2017), Juan Carlos Gil prevailed...more

First Federal Court Rules That Having An Inaccessible Website Violates Title III Of The ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Today’s first impression trial verdict finding retailer Winn-Dixie liable under Title III of the ADA for having an inaccessible website suggests that public accommodations should focus on their website...more

First Public Accommodations Website Accessibility Case Goes To Trial In Florida

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The first trial under the ADA about the accessibility of a public accommodation’s website took place last week in the Southern District of Florida. Last week, U.S. District Judge Robert Scola presided...more

Employment Law - April 2017 #2

NLRB Affirms New Standard on Employee Email Use - Why it matters - A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email...more

Florida Courts Rule ADA Covers Websites With Nexus To Physical Store

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Two Florida federal district court judges require websites to have a “nexus” to a physical location for coverage under Title III of the ADA, but a third judge requires more....more

Did You Know...Federal District Court Dismisses Website Accessibility Claims Because Of Lack Of Due Process

by Nossaman LLP on

On March 20, 2017, a federal district judge in the Central District of California issued a big win for businesses dealing with the recent onslaught of website accessibility litigation – claims that a business’s website is not...more

Federal Court in Los Angeles Dismisses Website Accessibility Claims

On March 20, 2017, a federal district judge in Los Angeles granted Domino’s Pizza’s motion to dismiss a website accessibility lawsuit in a ruling that raises hopes for those battling the massive wave of web accessibility...more

Community Banks Should Be Wary of ADA Claims

by Hogan Lovells on

A number of community banks have recently received an unpleasant delivery: a demand letter from a law firm stating the bank is not in compliance with the Americans with Disabilities Act (the ADA) and suggesting a proposed...more

Florida Federal Court Holds That a Website is Not a Place of Public Accommodation

by Seyfarth Shaw LLP on

Seyfarth synopsis: A Florida Judge Holds that SeaWorld’s website is not a place of public accommodation covered by Title III of the ADA but the decision has its limits....more

Police Arrest Videos Not Considered Confidential

by Best Best & Krieger LLP on

The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

Court of Appeals Hears National Federation of the Blind’s Challenge to DOT Rule Regarding Blind-Accessible Kiosks at Domestic...

On June 29, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard the National Federation of the Blind’s (NFB) challenge to a Department of Transportation (DOT) Final Rule regarding air carriers’ duty to...more

Socially Aware: The Social Media Law Update Volume 7, Issue 4

Mixed Messages: Courts Grapple With Emoticons and Emoji - Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images...more

Increasing Legal Scrutiny of Website Accessibility in the Real Estate Industry

by Foley & Lardner LLP on

From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits...more

Is everyone’s website illegal?

by Thompson Coburn LLP on

Your website consists of visible text and graphics, geared to the sighted reader. Its terms and conditions include legal disclaimers and limitations of liability, which, it explains, apply unless they are specifically...more

ADA Website Accessibility Cases Continue to Grow

by Bryan Cave on

An increasing number of retailers are facing lawsuits or threats of lawsuits regarding website accessibility under the Americans With Disabilities Act (“ADA”), despite the fact that the ADA and its implementing regulations do...more

Advertising Law - April 2016 #2

FTC Hits Volkswagen With Suit Over Emissions Ad Campaign - The Federal Trade Commission filed suit against Volkswagen Group of America, charging the automaker with deceiving consumers in violation of Section 5 of the...more

Gender-Based Sales Promotions: Good Business or Unlawful Discrimination?

by Foley & Lardner LLP on

At the risk of sounding crass and overgeneralizing, social establishments – particularly those catering to the non-married crowd – like having more women at their establishments, and so they offer free items to women on the...more

California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA

In a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing...more

No Crying Wolf: Retailer’s Website Held Not In Compliance With ADA

by Gray Reed & McGraw on

At the beginning of this year, we warned that there would be an uptick in American with Disabilities Act litigation related to website accessibility this year in a post entitled Does My Website Need to be ADA Compliant?  The...more

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