News & Analysis as of

Websites Disability Access Claims

McAfee & Taft

Supreme Court punts question on ‘tester’ standing for ADA Title III violations

McAfee & Taft on

After the U.S. Supreme Court agreed to hear a case on the propriety of “tester” standing (Acheson Hotels, LLC v. Laufer), interested parties have anxiously awaited the Supreme Court’s much-needed guidance on who may sue for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Questions Whether ADA Tester Case Is Moot

On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Supreme Court to Resolve Circuit Split Over Whether ‘Testers’ Have Standing to Pursue ADA Suits

The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide...more

Troutman Pepper

California Appeals Court Relies on Nexus Theory to Reverse Dismissal of ADA Website Violation Complaint

Troutman Pepper on

The California Court of Appeals, Fourth Appellate District, recently reversed a lower court ruling against a visually impaired plaintiff who alleged that a credit union’s website was incompatible with screen-reader software....more

Eversheds Sutherland (US) LLP

Hit refresh - Eleventh Circuit decision opens door for copycat ADA lawsuits

In a decision that may open the door for serial website accessibility lawsuits under the Americans with Disabilities Act (ADA), on June 19, 2018, the US Court of Appeals for the Eleventh Circuit ruled that the private...more

Rumberger | Kirk

What To Know About Website Accessibility Claims

Rumberger | Kirk on

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

CMCP - California Minority Counsel Program

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

Proskauer - Government Contractor Compliance...

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

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