Over the past five years, businesses with an online presence have been pummeled with lawsuits accusing them of having websites that are supposedly inaccessible to the blind and hearing impaired in violation of the Americans...more
In Winegard v. Newsday LLC, U.S. District Judge Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (“ADA”) and granted Newsday’s...more
In Winegard v. Newsday LLC, No. 19-CV-04420(EK)(RER) (E.D.N.Y. August 16, 2021), the Honorable Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with...more
8/30/2021
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Dominos ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
On April 7, 2021, in Gil v. Winn-Dixie, Case No. 17-13467, the U.S. Court of Appeals for the Eleventh Circuit issued an important decision on whether Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101...more
On October 2, 2020, Representatives Lou Correa (D-CA) and Ted Budd (R-NC) introduced a bipartisan bill titled the Online Accessibility Act, intended to curb predatory website accessibility lawsuits that accuse consumer-facing...more
Last week, a Southern District of New York judge held that retailers cannot be sued under Title III of the Americans with Disabilities Act (“ADA”) for not offering Braille gift cards. The Court’s thorough and well-reasoned...more
Blank Rome Of Counsel Martin S. Krezalek will co-present the online webinar “The Rise of Mobile App Lawsuits and New ADA Litigation Trends for 2020” on February 19, 2020, at 12:00 p.m. EST.
Martin will be joined by UsableNet...more
3/4/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Business Litigation ,
Demand Letter ,
Disability Discrimination ,
Mobile Apps ,
Popular ,
Public Accommodation ,
Risk Mitigation ,
Settlement Agreements ,
Website Accessibility ,
Website Owner Liability ,
Websites
A recent decision suggests that businesses should consider prominently displaying accessibility policies on their websites and inviting consumers to call or e-mail about specific accommodation inquiries. Such accessibility...more
An enterprising plaintiffs’ lawyer has recently advanced a new theory of claim against retailers, restaurants, and other merchants for alleged violations of Title III of the Americans with Disabilities Act (“ADA”)....more
On October 7, 2019, the Supreme Court denied Domino’s petition for writ of certiorari in Robles v. Domino's Pizza LLC, 913 F.3d 898 (2019), leaving in place the Ninth Circuit’s pronouncement that Title III of the Americans...more
The Ninth Circuit has issued one of the first appellate decisions on the subject of websites and mobile applications’ accessibility to visually impaired and other disabled individuals under the Americans with Disabilities Act...more
Businesses utilizing online or smart phone app-based contracts containing arbitration clauses accessed by hyperlink should ensure that the link is very conspicuous and that the user is required to read the terms and click to...more
Action Item: Businesses utilizing web or smart phone app-based contractual terms containing arbitration clauses made available by hyperlink should ensure that the link to the clause is reasonably conspicuous, and that the...more
Action Item: The following set of six principles proposed by the Sedona Conference Working Group on Electronic Document Retention and Production should serve as practical guidance for litigants adhering to the proportionality...more
Action Item: New York’s High court provides a road map of how corporate attorneys should structure going-private transactions involving controlling shareholders. Utilizing certain protective measures at the outset should...more
Action Item: The Supreme Court’s decision in Yates v. United States will significantly impact how in-house counsel, outside counsel, and compliance officers alike should advise their clients with respect to evidence...more