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Disability Access Claims

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

Davis Wright Tremaine LLP

FCC Announces Top 10 National Nonbroadcast Network Rankings for 2024-2027 Audio Description Requirements

On November 30, 2023, the Federal Communications Commission's (FCC) Media Bureau released a Public Notice announcing national nonbroadcast network rankings ahead of the next triennial update to the list of networks subject to...more

McAfee & Taft

Supreme Court punts question on ‘tester’ standing for ADA Title III violations

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After the U.S. Supreme Court agreed to hear a case on the propriety of “tester” standing (Acheson Hotels, LLC v. Laufer), interested parties have anxiously awaited the Supreme Court’s much-needed guidance on who may sue for...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

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

U.S. Supreme Court to Resolve Circuit Split Over Whether ‘Testers’ Have Standing to Pursue ADA Suits

The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide...more

Seyfarth Shaw LLP

ADA Title III Federal Mid-Year Lawsuit Numbers at an All-Time High

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Seyfarth Synopsis: ADA Title III lawsuit filings in federal courts on pace for a record year. Regular readers will doubtless recall that 2020 was a down year (but just barely) for lawsuits filed in federal court alleging...more

Harris Beach PLLC

Recent Supreme Court Decision May Challenge Provider ADA Compliance

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Health care providers frequently face ADA lawsuits from patients challenging their disability access policies or procedures, especially with respect to providing sign language interpreting services and other auxiliary aids...more

Seyfarth Shaw LLP

Ninth Circuit Announces Legal Framework for Readily Achievable Barrier Removal Claims Under ADA

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Seyfarth Synopsis: The Ninth Circuit Court of Appeals adopts a burden-shifting framework for analyzing claims involving the removal of pre-ADA barriers which requires the plaintiff to “plausibly show how the cost of removing...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Jersey Boys and Restroom Doors

This week, we highlight Ninth Circuit decisions denying copyright protection to assertions of fact (even if those facts were made up), and deepening a slight Circuit split on the Americans with Disabilites Act's...more

Seyfarth Shaw LLP

Federal ADA Title III Lawsuit Numbers Drop 15% for the First Half of 2020 But a Strong Rebound Is Likely

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Seyfarth synopsis: Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual....more

Goulston & Storrs PC

Avoiding Coronavirus Discrimination Claims in Retail and Hospitality

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 On the 30th anniversary of its passage, the Americans with Disabilities Act (ADA) deserves recognition for its continued viability and adaptability in response to contemporary problems and technological change. As the retail...more

Troutman Pepper

California Appeals Court Relies on Nexus Theory to Reverse Dismissal of ADA Website Violation Complaint

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The California Court of Appeals, Fourth Appellate District, recently reversed a lower court ruling against a visually impaired plaintiff who alleged that a credit union’s website was incompatible with screen-reader software....more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation: March Recap and May Meeting Overview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for May 28, 2020. In light of the Covid pandemic, all oral arguments are scheduled to be completed virtually by...more

Seyfarth Shaw LLP

New York Judge Criticizes Plaintiff’s ADA Firm For Refusing to Discuss Early Settlement and Engaging in Fee-Churning Litigation...

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Seyfarth Synopsis: Businesses are defending record numbers of ADA Title III cases every year.  A recent decision in New York underscores the challenges business face when ADA plaintiffs are more interested in protracted...more

Littler

NYC Public Accommodations Will be Required to Post Signs that Portable Ramps are Available

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Starting January 1, 2020, New York City public accommodations that provide portable ramps for entrance accessibility will be required to post signs advertising portable ramp availability and listing a phone number for...more

Farrell Fritz, P.C.

MTA Required To Provide Disability Access In Subway Station Renovation Unless Technically Infeasible

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The replacement of stairways at the Middletown Road Subway Station in the Bronx triggered accessibility requirements that may include installing elevators, according to a recent decision from SDNY District Judge Edgardo...more

Chambliss, Bahner & Stophel, P.C.

As E-Scooters Spread, California Disability Advocates Sue over Right to the Sidewalk

People with visual and mobility disabilities are being denied “their right to travel freely and safely on public walkways” as a result of an “onslaught of unregulated dockless scooters.” ...more

Best Best & Krieger LLP

New Disability Access Informational Notices Required in California - AB 3002 Took Effect Jan. 1

Cities and counties in California are now required to provide informational notices related to disability access requirements. ...more

Jackson Lewis P.C.

Court Finds Standing Requirement For ADA Title III Claim Requires Plaintiff To Have “Concrete And Realistic” Plan To Return To The...

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A recent Middle District of Florida decision granted the Defendant’s Motion to Dismiss Plaintiff’s claims for relief under Title III of the ADA based on Plaintiff’s lack of standing to bring such claims. In Kennedy v. Cape...more

Robinson+Cole ERISA Claim Defense Blog

New Case Gives Guidance on Video Surveillance in Disability Cases

Video surveillance can be an extremely effective tool in making disability benefits determinations. Historically, courts have cautioned that the weight given to surveillance in these cases depends both on the amount and...more

Chambliss, Bahner & Stophel, P.C.

Lawsuit Alleges Assisted Living Facilities Discriminate Against Wheelchair Users

A lawsuit in New York state highlights an issue with some assisted living facilities: No wheelchairs allowed. The lawsuit claims that state regulations and facility policies discriminate against residents and potential...more

FordHarrison

Does Your Business Comply with the ADA's Accessibility Requirements?

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Title III of the Americans with Disabilities Act (ADA) requires businesses that provide goods and services to the public to remove architectural barriers and ensure their facilities are accessible to individuals with...more

Akerman LLP - HR Defense

One Visit and Vague Plans to Return Not Sufficient to Allow ADA Access Claim

Businesses might see a ray of hope in a recent federal appellate court decision that rejected the ability of a wheelchair-bound patron and “tester” to pursue her claim against a property owner and shop in Cocoa Beach,...more

FordHarrison

"Drive-by" Lawsuits under the Americans with Disabilities Act Continue to Rise

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“Drive-by” lawsuits under the Americans with Disabilities Act (ADA) are more prevalent than ever and continue to rise. ...more

Best Best & Krieger LLP

[WEBINAR] Creating an Accessible City

This webinar by Best Best & Krieger LLP Partner Michael Maurer covers the basic requirements of the Americans with Disabilities Act as it relates to public facilities, with an emphasis on the public right of way. Michael...more

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