News & Analysis as of

Disability Disability Access Claims

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

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

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

Fox Rothschild LLP

The Next Wave Of ADA Title III Litigation In Florida – Hotel Reservation Systems

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"Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it. That’s a quote from Ferris Bueller, but these days the sentiment is equally applicable to Americans with Disabilities Act...more

Shutts & Bowen LLP

UPDATE: Property Owners Gaining New Tools To Fight ADA Lawsuits

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At the end of May, I wrote a post about new legislation in Florida intended to help property owners fight Americans with Disabilities Act (“ADA”) lawsuits. As discussed in more detail in the prior post, the bill allows...more

Shutts & Bowen LLP

Your property was hit with an ADA lawsuit – now what?

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Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

Ballard Spahr LLP

Arizona Court Consolidates ADA Lawsuits

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

Seyfarth Shaw LLP

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

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

Snell & Wilmer

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

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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

Rumberger | Kirk

What To Know About Website Accessibility Claims

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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

Seyfarth Shaw LLP

On Global Accessibility Awareness Day, DOJ Releases Agenda Indicating Progress in 2016; Omits Title III

Seyfarth Shaw LLP on

This morning, on Global Accessibility Awareness Day, DOJ participated by issuing its Spring 2016 unified agenda, including upcoming regulatory actions on web accessibility and movie captioning. AA65: State and Local...more

Dickinson Wright

Accessibility Laws Take Effect January 1

Dickinson Wright on

New Ontario Accessibility Laws Take Effect January 1 - Private sector compliance deadlines under the Accessibility for Ontarians with Disabilities Act are fast-approaching. For large organizations (50 or more employees),...more

Seyfarth Shaw LLP

New York Law Creates Quandary for Businesses with New “Accessible Icon”

Seyfarth Shaw LLP on

Despite the url and frequent federal focus of this blog, it is important to remember that many states and municipalities have their own disability access laws and regulations with which businesses must comply. ...more

Proskauer - Government Contractor Compliance...

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

Katten Muchin Rosenman LLP

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more

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

Massachusetts Federal Court Holds That Websites Can Be Places Of Public Accommodation For Purposes Of The ADA

In National Association for the Deaf v. Netflix, Inc., the U.S. District Court for the District of Massachusetts held that Netflix’s Internet video-streaming service, known as “Watch Instantly,” constitutes a place of public...more

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