Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more
5/5/2025
/ Amended Complaints ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Discovery ,
Dismissals ,
Jurisdiction ,
Litigation Strategies ,
Motion to Dismiss ,
New York ,
Serial Lawsuit Filers ,
Standing ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: In 2023, the number of ADA Title III lawsuits filed in federal court declined but still exceeded 8,200 for a second year in a row....more
Seyfarth Synopsis: SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar....more
12/7/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Failure to Accommodate ,
Oral Argument ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Title III ,
Website Accessibility ,
Websites
Seyfarth Synopsis: SCOTUS asked revealing questions in Wednesday's Acheson v. Laufer oral argument, but left attendees wondering whether the Court will provide much-needed guidance on the so-called “tester standing” issue...more
10/6/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Failure to Accommodate ,
Oral Argument ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Title III ,
Website Accessibility ,
Websites
Synopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing....more
8/14/2023
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Motion to Dismiss ,
Oral Argument ,
Public Access Laws ,
SCOTUS ,
Standing ,
Title III ,
Website Accessibility ,
Website Owner Liability
Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing....more
Seyfarth synopsis: The opening brief in Acheson Hotels v. Laufer, the first case to reach the U.S. Supreme Court in more than 18 years, was filed yesterday....more
6/6/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Certiorari ,
Disability Discrimination ,
Hotels ,
Public Accommodation ,
SCOTUS ,
Standing ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: SCOTUS grants certiorari on an ADA Title III case for the first time in 18 years to resolve a circuit split on whether an ADA plaintiff has standing to sue without having any intention of frequenting the...more
3/28/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Certiorari ,
Disability Discrimination ,
Failure to Accommodate ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Title III ,
Website Accessibility ,
Websites
Seyfarth Synopsis: In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards....more
Seyfarth Synopsis: Enterprising plaintiffs in New York are suing more than 100 businesses under a new theory – – that ADA Title III requires Braille gift cards....more
11/5/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Corporate Counsel ,
Disability Discrimination ,
Gift-Cards ,
Permanent Impairments ,
Public Accommodation ,
Regulatory Standards ,
Regulatory Violations ,
Restaurant Industry ,
Retail Market
Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA....more
9/11/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Dominos ,
Due Process ,
Popular ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Courts in the Fourth Circuit are taking a hard look at a plaintiffs’ standing in website accessibility cases.
In a small but potentially important victory for defendants facing website accessibility...more
7/5/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Injury-in-Fact ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites