News & Analysis as of

Disability Access Claims

It’s Official - Implementation of Final Rule on Disability Claims Procedures Formally Delayed

by Dickinson Wright on

On November 24, 2017, the Department of Labor (“DOL”) Employee Benefits Security Administration (“EBSA”) formally delayed the applicability date of previously issued final regulations imposing new claims procedures to...more

Disabled Access: A Chance to Fix Your Premises Before Being Sued?

by Akerman LLP - HR Defense on

New legislation seeks to level the playing field for businesses that have been targeted by “drive-by” claims alleging discrimination by customers with disabilities who may have never even gone to visit the place of public...more

Florida Lawmakers Take Action To Curb Access Suits, But Will It Work?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Florida’s recently-enacted House Bill 727 gives businesses a way to deter serial plaintiffs from suing them in Florida state courts....more

Lawyer for Advocates for Individuals with Disabilities Quietly Files More Serial ADA Lawsuits Targeting Valley-Area Hotels and...

by Jaburg Wilk on

The lawyer for the controversial Advocates for Individuals with Disabilities (AID), the organization that launched over a thousand nearly identical lawsuits against Arizona businesses last year, has quietly been filing a...more

Are Head Lice a Disability? Navigating the Americans with Disabilities Act.

by Bryan Cave on

What if you had an employee who kept coming to work with head lice? What should you do? Employment lawyers get all kinds of questions about the Americans with Disabilities Act—and some of these can give you a serious case...more

Minnesota Tightens Restrictions on “Drive-By” Disability Access Lawsuits

On May 23, 2017, Minnesota Governor Mark Dayton signed into law amendments to the Minnesota Human Rights Act (MHRA) that are intended to curb the flood of “drive-by” disability access lawsuits in the state. The law now...more

West Coast Real Estate Update - May 2017 #1

by Holland & Knight LLP on

New Arizona Law Aims to Prevent "Drive-By" ADA Lawsuits - Arizona recently enacted a new law that gives businesses and property owners a 90-day grace period to fix alleged disability-access violations without paying...more

Arizona Amends State Disabilities Act to Protect Businesses From Drive-by Lawsuits

Arizona Governor Doug Ducey just signed into law an amendment to the Arizonans with Disabilities Act (AzDA) designed to make it more difficult to bring lawsuits against businesses based on claims that they are not accessible...more

Are Your Commercial Lease Forms ADA Compliant?

by Payne & Fears on

A commercial property owner must now provide the tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, if such a report has been issued which indicates...more

The New ERISA Claims and Appeals Regulations for Disability Benefits

by Jackson Lewis P.C. on

The Employee Benefits Security Administration of the U.S. Department of Labor recently published final regulations governing the ERISA claims and appeals process that will apply to all claims for disability benefits filed on...more

Looking Forward: New California Laws for Public Agencies

by Best Best & Krieger LLP on

Like years past, there were plenty of laws passed in Sacramento in 2016 that will impact public agencies. Here is a summary of those that have specific importance to your work. We hope that you will contact us for further...more

Disability Access Law Update Requires Changes To Disclosures In Commercial Leases Executed On Or After January 1, 2017

by Buchalter on

In 2012, the California Legislature passed Senate Bill 1186 in an effort to reduce the number of disability access lawsuits faced by business owners and to spur compliance with disability access laws. The bill, codified in...more

Another Year, Another Set of Laws: What California Employers Should Know

by Buchalter on

In keeping with California’s reputation of being an employee-friendly state, Governor Brown has enacted a number of laws, most of which go into effect on January 1, 2017 (unless specified otherwise below), that place...more

California Modifies Commercial Lease Disclosures for Disability Access Laws

Manatt previously published a news alert on July 1, 2013, regarding California's update to Civil Code Section 1938, which required all commercial property leases to disclose whether or not commercial premises have undergone...more

Immediate Action Required: California Commercial Landlords Must Provide Accessibility Disclosures During Lease Negotiations

by Allen Matkins on

Assembly Bill No. 2093 is in effect.* It amended Civil Code Section 1938 to require landlords to provide prospective tenants with any report and/or disability access inspection certificate issued by a Certified Access...more

California Adopts New Requirements with Respect to Disability Access for Commercial Leases

by Nossaman LLP on

One of the 800+ bills that the California Legislature left behind for Governor Brown to sign in September was AB 2093, which amended California Civil Code Section 1938 and created new obligations for commercial landlords. ...more

Reduce Potential ADA Liability by Making ATMs and Websites Accessible

by Bryan Cave on

Banks and credit unions are among the most recent targets of a wave of demand letters and lawsuits alleging violation of the Americans With Disabilities Act of 1990 (the “ADA”). The most common allegations concern...more

Arizona Court Consolidates ADA Lawsuits

by Ballard Spahr LLP on

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more

New CA Law Requires Disclosing Known ADA Violations During Lease Negotiations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In yet another effort to reduce ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation to encourage tenants and landlords to acknowledge and address any...more

Arizona Attorney General Steps In To Address The Surge In Access Suits Filed In His State

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The number of access lawsuits has surged in both Arizona state and federal courts, prompting an unprecedented intervention by the Arizona Attorney General. By our count, nearly 300 ADA Title III...more

Advocates for Individuals with Disabilities Foundation and Peter Strojnik Have Filed Another Wave of Disability Lawsuits in...

by Snell & Wilmer on

Just as I finished writing about the wave of new Title III Americans with Disabilities Act (ADA) lawsuits in Arizona, ABC15 published an expose on one of the organizations leading the pack in filing thousands of lawsuits–...more

Pennsylvania Court Says Museum Must Waive Admission Fee for Personal Care Assistants

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pennsylvania court rules that a museum violated the ADA when it refused to waive the entry fee for a guest’s personal care assistant. A federal district court judge in Pennsylvania court recently held...more

Serial Plaintiffs Are Filing Waves of Disability Cases

by Snell & Wilmer on

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

by Snell & Wilmer on

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

What To Know About Website Accessibility Claims

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

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Cybersecurity

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