News & Analysis as of

Americans with Disabilities Act Disability Access Claims Disability

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -

Your property was hit with an ADA lawsuit – now what?

by Shutts & Bowen LLP on

Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

Arizona Court Consolidates ADA Lawsuits

by Ballard Spahr LLP on

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more

Arizona Attorney General Steps In To Address The Surge In Access Suits Filed In His State

by Seyfarth Shaw LLP on

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

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

by Snell & Wilmer on

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

What To Know About Website Accessibility Claims

The new battleground for Plaintiffs filing ADA accessibility cases involves claims of barriers not in physical space but in cyber space. The Plaintiffs’ bar has become more aggressive in filing claims asserting that public...more

On Global Accessibility Awareness Day, DOJ Releases Agenda Indicating Progress in 2016; Omits Title III

by Seyfarth Shaw LLP on

This morning, on Global Accessibility Awareness Day, DOJ participated by issuing its Spring 2016 unified agenda, including upcoming regulatory actions on web accessibility and movie captioning. AA65: State and Local...more

New York Law Creates Quandary for Businesses with New “Accessible Icon”

by Seyfarth Shaw LLP on

Despite the url and frequent federal focus of this blog, it is important to remember that many states and municipalities have their own disability access laws and regulations with which businesses must comply. ...more

Does Your Business Have A Website? Get Ready For New ADA Regulations

by LeClairRyan on

Courts have wrestled for several years with how to apply the ADA’s public accommodation requirements to online businesses or online aspects of businesses (USA Today published an article and quoted me on the issue available at...more

Weekly Law Resume - December 27, 2012: ADA Defendant Granted Attorney Fees as a “Prevailing Party”

by Low, Ball & Lynch on

Les Jankey v. Song Koo Lee California Supreme Court (December 17, 2012) The Supreme Court upheld an award of attorney fees in favor of a defendant in a disability access discrimination case pursuant to California...more

Massachusetts Federal Court Holds That Websites Can Be Places Of Public Accommodation For Purposes Of The ADA

In National Association for the Deaf v. Netflix, Inc., the U.S. District Court for the District of Massachusetts held that Netflix’s Internet video-streaming service, known as “Watch Instantly,” constitutes a place of public...more

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