News & Analysis as of

Website Owner Liability

Ashley Madison Settles Data Breach Case for $11.2M

Ashley Madison, which suffered a data breach in 2015 involving the loss of 37 million users’ personal and financial information, has settled the suit for $11.2 million....more

Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

by Jaburg Wilk on

Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that...more

Food & Beverage Litigation Update | July 2017

Cruz-Alvarez and Canfield Examine Recent Ruling on Website Access for Visually Impaired - Food and beverage companies offering retail sales on the web are facing a wave of lawsuits filed by visually impaired plaintiffs...more

Advertising Law - July 2017

Court Rules That ADA Applies to Website - In what is believed to be the first court to hold a trial on the applicability of the Americans with Disabilities Act (ADA) to a retailer’s website, a federal court judge in...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

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

Florida Court Rules Grocery Store Website Is Subject To The ADA

Recently, the District Court for the Southern District of Florida held in Gil v. Winn-Dixie Stores, Inc., that Winn Dixie’s website violated Title III of the Americans with Disabilities Act (“ADA”), and awarded the plaintiff...more

Groundbreaking Trial Ends with Ruling that Grocery Store Must Make its Website ADA Accessible

by Nexsen Pruet, PLLC on

In a first, a federal court in Florida ruled recently that a grocery store must make its website accessible to the disabled. The plaintiff in the case, a blind man who uses screen-reading technology to access and view...more

Two New Developments in Website Accessibility Cases: Nation’s First Website Accessibility Trial Verdict Is Far From a Winn for...

by Sedgwick LLP on

As numerous retailers know firsthand, website accessibility has become a hotbed for litigation in recent years. Despite plaintiffs filing scores of website accessibility claims against retailers each year, very few of these...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 Finds Website Subject to Title III of the ADA

by Morgan Lewis on

A recent decision issued by United States District Court Judge Robert Scola found that the website of an owner and operator of a chain of regional grocery stores is subject to Title III of the Americans with Disabilities Act...more

The Continuing Stream of Website Accessibility Claims: A Trial Victory for a Plaintiff and a Dismissal for a Company

by Littler on

Over the past 18 months, the number of claims being filed over website accessibility has increased dramatically. Although courts continue to differ as to whether websites are places of public accommodation covered by Title...more

Court Determines That Grocer's Website Not Used to Sell Goods Is Public Accommodation Under the ADA

by WilmerHale on

Last week, following a bench trial, a federal district judge in Florida concluded that the grocery store and pharmacy chain Winn-Dixie violated Title III of the Americans with Disabilities Act (ADA) because its website is not...more

Retailer Loses ADA Website Accessibility Trial

by Bryan Cave on

Retailers with both physical locations and a website should take note that a United States District Court has held that Winn-Dixie violated Title III of the Americans with Disabilities Act (“ADA”) because its website was...more

Does the Most Recent Web Accessibility Ruling Impact Your Business?

by K&L Gates LLP on

The recent ruling in Juan Carlos Gil v. Winn-Dixie Stores, Inc., case no. 16-23020-civ-Scola (S.D. Fla. 2017) will require the attention of businesses across the country that host websites. To recap, this was a case of first...more

Online Businesses Beware: Court Holds that Inaccessible Website Violates the ADA

by Bryan Cave on

Businesses with an online presence should take note that a United States District Court has held that Winn-Dixie violated Title III of the Americans with Disabilities Act (“ADA”) because its website was inaccessible to the...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

Access Denied: Trial on Website Accessibility Claims Results in Decision for Disabled Individual

On Tuesday, a federal district court in Florida issued an order in the first known trial involving accessibility to a public accommodation’s website. Ultimately, the court found that grocery giant Winn-Dixie violated Title...more

Forging a Legal Firewall: Recent Decisions May Shield Retailers from ADA-Based Website Inaccessibility Claims

by Goulston & Storrs PC on

In a post published earlier this year, we commented on a surge of lawsuits being filed under Title III of the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits discrimination in the full and free...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

French Data Protection Authority Clarifies Responsibilities for the Use of Cookies in Online Advertising

by Jones Day on

In the online advertising sector, achieving a successful advertising campaign often involves implementing cookies (small files stored on computers or mobile devices that contain information on the user's browsing history),...more

Maintain immunity under the Communications Decency Act [MCLE]

by Buchalter on

What should you do if users start using your client’s website to post hateful, obscene or defamatory comments and images? User-posted content can damage your business image and, with the wrong set of facts, result in legal...more

The Next Frontier in ADA Access Litigation – Online (Part II)

by Fox Rothschild LLP on

Last month I posted Part I on this topic which covered the state of federal statutes and regulations regarding web site access as well as the most recent Florida Federal case law on the topic. This time I around, I want...more

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