News & Analysis as of

Communications & Media Civil Rights Civil Remedies

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

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

Federal Judge Holds Grocery Store Website Subject to ADA

by Ballard Spahr LLP on

Following a two-day bench trial, a federal judge in Florida issued a decision on June 12, 2017, finding that the website of grocer Winn-Dixie must comply with the Americans with Disabilities Act (ADA) because the website is...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

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

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

Employment Law Navigator – Week in Review: November 2016 #4

by Zelle LLP on

Last week, a federal judge in Texas issued a preliminary injunction blocking implementation of the Department of Labor’s new rules on overtime, which would have extended overtime eligibility to approximately 4 million...more

Higher ed faces ADA challenges over accessibility of university websites

by Thompson Coburn LLP on

Websites are vitally important to institutions of higher education for a variety of reasons. They serve as a real-time brochure for prospective students, provide important academic and administrative resources to students and...more

Privacy in a Connected World: The Celebrity Threesome Injunction

by Reed Smith on

In January, a celebrity applied for an injunction against an English tabloid newspaper that wished to publish an article about a three-way sexual encounter. This case subsequently went all the way to the Supreme Court, and in...more

OCR Investigating Accessibility of State and Local Government Websites

by Reed Smith on

The U.S. Department of Education’s Office for Civil Rights (OCR) has reportedly opened as many as 350 recent nationwide complaint investigations into whether educational agencies’ websites are accessible to individuals with...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

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

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

by Ballard Spahr LLP on

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

Mobile Apps Like Uber and Airbnb Raise Novel ADA Title III Issues

by Seyfarth Shaw LLP on

Last week, Buzzfeed reported that the United Spinal Association opposed Uber’s CEO’s nomination for Time Magazine’s Man of the Year award because Uber cars are allegedly not wheelchair accessible. This controversy raises an...more

Would Texas Law Support Disgorgement of Payments When Plaintiff’s Daughter Makes Comments On Facebook?

In a case that received national attention, on February 26, 2014, a Florida District Court of Appeal held that a plaintiff’s comments to his daughter regarding a settlement with his former employer and his daughter’s...more

Woodbridge Structured Funding, LLC v. Pissed Consumer, et al.

Opinion and Order Denying Disclosure of Identity of Anonymous Website Commenters

by Ronald Coleman on

The petitioner sought an order forcing PissedConsumer.com, an Internet message board, to provide— on virtually no notice, and without any notice to the third parties involved — information identifying one or more anonymous...more

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Dismiss First Amended Complaint for Failure to State a Claim (FRCP 12(b)(6))

by Ronald Coleman on

In his Renewed Motion to Dismiss (“the Motion”), Mr. Frey established that the First Amended Complaint (“FAC”) fails utterly, as did its predecessor, to meet the standards required to sustain a lawsuit under Fed. R. Civ. P....more

Woodbridge Structured Funding, LLC v. Pissed Consumer, et al.

Response Opposing Order to Show Cause Seeking the Identity of Anonymous Website Commenters Pursuant to CPRL 3102

by Ronald Coleman on

The petitioner sought an order forcing PissedConsumer.com, an Internet message board, to provide— on virtually no notice, and without any notice to the third parties involved — information identifying one or more anonymous...more

Naffe v. Frey, et al.

Brief in Support of Motion to Dismiss First Amended Complaint for Failure to State a Claim (FRCP 12(b)(6))

by Ronald Coleman on

From the Introduction: This is a motion to dismiss Plaintiff’s First Amended Complaint (“FAC”). In moving to dismiss the first Complaint filed in this action, defendant John Patrick Frey (and former defendant Christi Frey)...more

Justice Department Settles ADA Claims against Debt Collector

by Ballard Spahr LLP on

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

Does the Communications Decency Act Protect Human Trafficking?

by Gray Reed & McGraw on

The State of Texas may find out and it may be more applicable to your site than you think. In early filing for the 2013 legislative session, Democratic state Senator Leticia Van de Putte proposed a bill aimed at stopping at...more

If the topless pictures of Kate Middleton were taken in Massachusetts, would she have had a legal claim under Massachusetts law...

by George Bourguignon on

If you believe you may have a claim for violation of your privacy rights or are a party to a court case that involves the right to privacy, you may what to give this post a read. Contact: George E. Bourguignon, Jr.,...more

Boarding School Review, LLC v. Delta Career Education Corp.

Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6)

by Ronald Coleman on

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Labor Letter - July 2012

by Fisher Phillips on

In This Issue: - “Here’s Looking At You, Kid” - The EEOC Looks For Beauty Bias By James J. McDonald, Jr. (Irvine) - The EEOC is currently investigating Marylou’s Coffee, a chain of Massachusetts coffee shops, for...more

Federal Court Holds in ADA Suit that Netflix Web Streaming Can Be “Place of Public Accommodation”

by Davis Wright Tremaine LLP on

A federal district court in Massachusetts has rejected arguments by Netflix that its “Watch Instantly” streaming website is not a “place of public accommodation” under the Americans with Disabilities Act (“ADA”), and...more

32 Results
|
View per page
Page: of 2
Cybersecurity

Follow Communications & Media Updates on:

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.