Disability Access Claims

News & Analysis as of

Case Dismissed: Judge Rules that Plaintiff’s Pool Lift ADA Cases Have No Place in Federal Court

In the latest decision against an Arizona “high frequency ADA litigant”, the United States District Court for the Central District of California ruled this week that cases like Brooke vs. Perry Family Trust, et al. have no...more

Reduce Potential ADA Liability by Making ATMs and Websites Accessible

Banks and credit unions are among the most recent targets of a wave of demand letters and lawsuits alleging violation of the Americans With Disabilities Act of 1990 (the “ADA”). The most common allegations concern...more

Arizona Court Consolidates ADA Lawsuits

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

New CA Law Requires Disclosing Known ADA Violations During Lease Negotiations

Seyfarth Synopsis: In yet another effort to reduce ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation to encourage tenants and landlords to acknowledge and address any...more

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

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

Advocates for Individuals with Disabilities Foundation and Peter Strojnik Have Filed Another Wave of Disability Lawsuits in...

Just as I finished writing about the wave of new Title III Americans with Disabilities Act (ADA) lawsuits in Arizona, ABC15 published an expose on one of the organizations leading the pack in filing thousands of lawsuits–...more

Pennsylvania Court Says Museum Must Waive Admission Fee for Personal Care Assistants

Seyfarth Synopsis: Pennsylvania court rules that a museum violated the ADA when it refused to waive the entry fee for a guest’s personal care assistant. A federal district court judge in Pennsylvania court recently held...more

Serial Plaintiffs Are Filing Waves of Disability Cases

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

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

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

Latest California ADA Lawsuit Reform Attempt: “Watered Down Solution”

Seyfarth Synopsis: In yet another effort to limit predatory ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation that will provide small business owners with some...more

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

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

West Coast Real Estate Update: May 2016 #3

California Adopts ADA Relief for Small Businesses - Gov. Jerry Brown signed California Senate Bill 269 into law on May 10, 2016, providing some limited relief to small businesses that are sued for violations of the...more

FCC Reminds Broadband Providers of Disabilities Access Duties

The Federal Communications Commission (FCC or Commission) has long-required regulated telecommunications service providers (as well as VoIP providers) and equipment manufacturers to make their services and devices accessible...more

Amid Growing Concerns Over the Proliferation of ADA Lawsuits, Congress and the California Legislature Address Measures to Curb ADA...

Since 2004, more than 20,000 ADA lawsuits have been filed in the country’s federal courts. The number of ADA filings in state courts is unavailable, but likely runs in the thousands. Nearly one half of all ADA lawsuits were...more

Miami Local 10 News Reports On ADA Title III Drive-By Lawsuits

Florida is one of the top states for ADA Title III filings. As we previously reported, in 2015, California, Florida, New York, Texas, and Arizona had 3,847 ADA Title III lawsuits. This accounts for 80% of the lawsuits filed...more

DOL Proposes More Robust Claims Procedures for ERISA Disability Claims

The Department of Labor (DOL) recently issued proposed regulations that would strengthen claim procedures for disability claims made under retirement and welfare plans subject to the Employee Retirement Income Security Act of...more

Exploding Consumer Web Accessibility Litigation: Remember, Employees Use The Web Too

Seyfarth’s ADA Title III Specialty Team has reported extensively on the legal uncertainty surrounding the accessibility of businesses’ websites to individuals with disabilities. Today it reports that businesses’ long wait...more

Accessibility Laws Take Effect January 1

New Ontario Accessibility Laws Take Effect January 1 - Private sector compliance deadlines under the Accessibility for Ontarians with Disabilities Act are fast-approaching. For large organizations (50 or more employees),...more

Justice Department Applies ADA Title III To Carnival’s Cruise Ships, Website, and Mobile App in a Landmark Settlement

In late July, coinciding with the 25th Anniversary of the Americans with Disabilities Act (“ADA”), the Department of Justice (“DOJ”) entered into a landmark settlement agreement with Carnival Corp. to improve the physical...more

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

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

Temporary Obstructions Are a Permanent Problem Under the Americans with Disabilities Act

Boxes, ladders, furniture or other objects commonly placed in aisles, walkways or paths may not be temporary obstructions and may be actionable under the Americans with Disabilities Act (ADA) according to a recent ruling by...more

ADA Requirements Pertaining to Wall Space Adjacent to Interior Doors Clarified

In Kohler v. Bed Bath & Beyond (No. 12-56727, filed February 19, 2015) the United States Court of Appeals for the Ninth Circuit affirmed a grant of summary judgment in favor of a department store related to the necessary...more

CA Supreme Court: New Duties for Businesses Regarding Having Defibrillators on-site; and Whether Anti-Discrimination Statutes Also...

California Rule of Court 8.548 permits the Ninth Circuit to certify questions of California state law to the California Supreme Court. On average, this happens a handful of times per year. Over the past five years, the...more

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

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