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Americans with Disabilities Act (ADA) Public Accommodation Corporate Counsel

Seyfarth Shaw LLP

2024 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Rebound (A Little)

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Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.”...more

Seyfarth Shaw LLP

Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023

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Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022....more

Seyfarth Shaw LLP

Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

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A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...more

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

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

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

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

Seyfarth Shaw LLP

2023 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Continue to Decline

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Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 continues in 2023. New York remains the filing hotspot....more

Fisher Phillips

SCOTUS Will Hear Case About ADA Accommodation “Tester” Who Sued Business She Never Planned to Visit

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The Supreme Court just agreed on Monday to weigh in on whether a private citizen can serve as a legal “tester” that goes from business to business looking for – and suing for – alleged violations of the Americans with...more

Seyfarth Shaw LLP

New York Continues to Be a Friendly Venue for ADA Title III Plaintiffs

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Seyfarth synopsis: Leading the country with 3,173 federal ADA Title III lawsuits in 2022, plaintiff-friendly court decisions will likely keep New York in the top spot....more

Baker Donelson

Fourth Circuit Holds Website "Tester" Has Standing to Sue Under the ADA

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Businesses take note: In Laufer v. Naranda Hotels, LLC, No. 20-2384, decided February 15, 2023, the Court of Appeals for the Fourth Circuit decided that a self-professed 'tester' who has filed hundreds of similar lawsuits...more

Seyfarth Shaw LLP

ADA Title III Crystal Ball: What’s Ahead for 2023?

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Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda....more

Quarles & Brady LLP

Proposed Bill Signals Potential Watershed Development in the World of Digital Accessibility

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On September 29, 2022, Senator Tammy Duckworth and Representative John Sarbanes introduced the Websites and Software Applications Accessibility Act (“the Act”), a bill designed to ensure that websites and software apps are...more

Seyfarth Shaw LLP

2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared To 20212022 ADA Title III Mid-Year Federal Lawsuit Filings...

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Seyfarth Synopsis: In this blog we examine data showing an unexpected drop in the number of Title III Americans with Disabilities Act suits filed so far in 2022, particularly in California....more

Seyfarth Shaw LLP

Websites Are Not A Public Accommodation Under the ADA, Says California Court of Appeals

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Seyfarth Synopsis: The California Court of Appeals puts an end to lawsuits against online only businesses in California and calls out DOJ and Congress for inaction....more

Katten Muchin Rosenman LLP

ADA Claims Continue to Snag Online Merchants - Katten Kattwalk | Issue 24

Title III of the American Disabilities Act, 42 USC §§ 12181 – 12189 (ADA), generally prohibits discrimination on the basis of an individual's disability in a place of "public accommodation." Initially after the ADA's...more

Jackson Lewis P.C.

Justice Department Breaks its Silence Regarding Website Accessibility

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The Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA (the “Guidance”) regarding website accessibility under Title III of the Americans with Disabilities Act (“Title III”). The Guidance explains...more

Seyfarth Shaw LLP

The DOJ’s New Guidance Says Website Accessibility is an Enforcement Priority but Provides No New Legal Insights

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Seyfarth synopsis:  The DOJ issued a new guidance on website accessibility that contains basic information about the ADA’s requirements for lay people but no new information for legal practitioners....more

Akerman LLP - HR Defense

Landmark ADA Case Leaves More Questions Than Answers on Website Obligations

Businesses hoping for clarification on their obligations to ensure their websites comply with Title III of the Americans with Disabilities Act (ADA) will still have to wait, following a recent federal appellate court...more

Seyfarth Shaw LLP

As the Winn-Dixie Saga Finally Concludes in Florida, 181 Advocacy Groups Urge DOJ to Issue Website Accessibility Regulations

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Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; while disability rights advocates demand regulatory action from DOJ...more

Seyfarth Shaw LLP

ADA Title III Federal Lawsuit Filings Hit An All Time High

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Seyfarth Synopsis: Plaintiffs continue filing ADA Title III lawsuits in record numbers with no sign of stopping. As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020...more

Perkins Coie

Recent DOJ Settlements Show Step Up in Web Accessibility Enforcement by Biden Administration

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The U.S. Department of Justice (DOJ) recently entered into settlement agreements with Hy-Vee and Rite Aid in response to the DOJ’s concern that the companies’ vaccine registration websites were not accessible to individuals...more

Blank Rome LLP

New York District Court Issues Important Opinion on the Inapplicability of Title III of the ADA to Consumer-Facing Websites

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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

Seyfarth Shaw LLP

Biden Department of Justice Steps up ADA Title III Enforcement

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Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation....more

Foley & Lardner LLP

California Appellate Court Holds Plaintiffs in Website Accessibility Challenges Must Have “Bona Fide Intent” To Use Services

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Across the country, companies have been grappling with website accessibility challenges filed by serial plaintiffs alleging the company’s website is not fully accessible to individuals with disabilities. The complaints...more

Seyfarth Shaw LLP

Businesses Score a Few Recent Wins in Website Accessibility Lawsuits

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Seyfarth Synopsis: Three businesses prevail in website accessibility lawsuits in New York and California.  Defending website accessibility lawsuits can be an expensive and difficult battle for public accommodations, but there...more

Littler

New York District Court Ruling May Provide Relief to Some Companies Facing Claims Over the Accessibility of Their Websites

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A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA) that...more

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