[WEBINAR] Creating an Accessible City
Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
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
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
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
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
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 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
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 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
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 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
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
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
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 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
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
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
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
Cities and counties in California are now required to provide informational notices related to disability access requirements. ...more
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
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
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
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
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
“Drive-by” lawsuits under the Americans with Disabilities Act (ADA) are more prevalent than ever and continue to rise. ...more
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