Disability Access Claims

News & Analysis as of

U.S. Access Board Advisory Committee's Recommendations for ADA-Accessible Medical Diagnostic Equipment: Implications for Health...

For the past several years, the health care community has been not only at the center of vigorous policy debates about the method of health care delivery in this country, but also in the crosshairs of agencies charged with...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

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

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

Action Required! New Commercial Lease Disclosure Concerning Disability Access Legal Requirements (California Civil Code Section...

This year, July 1 marks more than just the halfway point of the year. Effective July 1, commercial and nonresidential property owners in California have additional disclosure requirements to contend with courtesy of...more

New Commercial Lease Requirement for Disability Access Inspection Disclosure

Commercial lease agreements executed on or after July 1, 2013 must include a provision disclosing whether the premises has been inspected by a Certified Access Specialist and, if so, whether the property has been determined...more

Court Stops Serial Plaintiff's Latest Effort: Payne v. Chapel Hill North Properties

The United States District Court for the Middle District of North Carolina recently dismissed an Americans with Disabilities Act (“ADA”) case filed by Denise Payne, a Florida resident, and National Alliance for Accessibility,...more

Five New ADA Pool Lift Lawsuits Filed

Five new lawsuits were recently filed against hotels under the recently-effective pool lift regulation....more

Reminder: ADA Accessibility Disclosures Required in Commercial Leases Beginning July 1, 2013

A friendly reminder from your neighborhood construction attorney . . . As I mentioned in an earlier post, legislation enacted this past year which established a new California Civil Code section 1938 will require that...more

Two More ADA Pool Lift Lawsuits Filed—More Are Certainly on the Way

Just saw two new lawsuits filed against hotels under the recently-effective pool lift regulation. Both lawsuits were filed on May 20—one in federal court in Minneapolis against a national hotel chain and the second, a...more

Disability Access Lawsuit Filed in Los Angeles Against Bed Bath & Beyond Could Spell Trouble For Retailers, Others

Earlier this week, on April 29, 2013, a man with hearing impairments filed suit against Bed Bath & Beyond alleging that it failed to provide captioning or a transcript for the product promotional video on display in its Los...more

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

New Commercial Property Disclosure Requirements

A recent statute and set of regulations will shortly begin to impose new disclosure requirements on commercial landlords, property sellers, and borrowers in California for leases, purchases, and financings entered into on or...more

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more

Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility... [Video]

On July, 1, 2013, Civil Code Section 1938 goes into effect and requires commercial leases executed on and after such date to disclose whether the premises being leased have been inspected by a Certified Access Specialist, and...more

How To Avoid Your Business Becoming An ADA Target

It is certainly good to know what to do if your business is served with a lawsuit under the ADA. It is even better to know what steps you can take to help avoid your business becoming a target for these lawsuits in the first...more

Store Owner Entitled to Attorney Fee Award for Successful Defense of Disabled Persons Act Claim

In Jankey v. Lee, 2012 DJDAR 16809 (2012), the California Supreme Court decided an interesting attorney fee case involving a claim for attorney fees by a defendant who was successful in defending against a claim of disability...more

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

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

Prevailing Property Owners May Recover Attorney Fees After Defending Accessibility Lawsuit

California Supreme Court issues more liberal rule for property owner to recover attorney fees after defending accessibility lawsuit. The California Supreme Court has issued a ruling making it easier for a commercial...more

New Law Aims to Cut Abuse in Disability Access Lawsuits

Most business and commercial property owners have had at least one brush with a disability access lawsuit. Because a defendant in these lawsuits must pay a successful plaintiff’s attorneys' fees, the lawsuits are often...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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