On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more
10/10/2023
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Brick-and-Mortar Stores ,
Corporate Counsel ,
Disparate Impact ,
E-Commerce ,
Internet Retailers ,
Public Accommodation ,
Substantial Nexus ,
Title II ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
10/9/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Access Claims ,
Fair Housing Act (FHA) ,
Hospitality Industry ,
Hotels ,
Mootness ,
Oral Argument ,
Public Accommodation ,
SCOTUS ,
Standing ,
Title III ,
Websites
For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when, after obtaining default judgments against two gas...more
9/2/2021
/ Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Corporate Counsel ,
Disability Discrimination ,
Disgorgement ,
Frivolous Lawsuits ,
Gas Stations ,
Injunctions ,
Misrepresentation ,
Public Accommodation ,
Sanctions ,
Standing ,
Title III
In a big win for Starbucks and all other restauranteurs, retailers, and places of public accommodation, the U.S. Court of Appeals for the Ninth Circuit held in three related cases (Johnson v. Starbuck Corp., Lindsay v....more
In its second pro-plaintiff decision in as many months, the Eleventh Circuit Court of Appeals has held that blind website accessibility plaintiffs need not show that difficulty using a place of public accommodation’s website...more
On June 19, 2018, in Haynes v. Hooters of America, LLC, 2018 WL 3030840 (11th Cir. 2018), the Eleventh Circuit Court of Appeals eliminated a useful defense strategy in the website accessibility arena when it held that a...more
The U.S. Department of Justice (DOJ) has placed its once-planned website accessibility regulations under Titles II and III of the Americans with Disabilities Act (ADA) on an inactive list, putting to rest speculation about...more
On March 20, 2017, a federal district judge in Los Angeles granted Domino’s Pizza’s motion to dismiss a website accessibility lawsuit in a ruling that raises hopes for those battling the massive wave of web accessibility...more
Weaving v. City of Hillsboro, No. 12-35726 (August 15, 2014): In a recent decision, the Ninth Circuit Court of Appeals held that a police officer with attention deficit hyperactivity disorder (ADHD) was not disabled under the...more