In Winegard v. Newsday LLC, No. 19-CV-04420(EK)(RER) (E.D.N.Y. August 16, 2021), the Honorable Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with...more
Seyfarth Synopsis: California federal trial court grants summary judgment for plaintiff, finding Domino’s violated the ADA by having a website that is inaccessible to the blind and orders Domino’s bring its website into...more
As predicted, the flood of website accessibility lawsuits is continuing in the first months of 2020 after the U.S. Supreme Court late last year declined to weigh in on whether the Americans with Disabilities Act (ADA)...more
Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more
Most large and midsize companies have faced a new reality in recent years—make their websites accessible to people with disabilities, or face exposure to lawsuits claiming that the sites violate the Americans with...more
Seyfarth Synopsis: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018. Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s...more
The much-anticipated decision from the U.S. Supreme Court (SCOTUS) on Domino’s Pizza’s Petition for Certiorari is in. On October 7, 2019, the SCOTUS denied review of a decision from the Ninth Circuit Federal Court of Appeals...more
The U.S. Court of Appeals for the Ninth Circuit earlier this year in Robles v. Domino’s Pizza LLC, became the first circuit to expressly extend Title III of the Americans with Disabilities Act to mobile applications. ...more
On October 7, 2019, the Supreme Court rejected an appeal from Domino's Pizza (Domino's) concerning whether Domino's website and mobile app must comply with federal disabilities laws....more
The U.S. Supreme Court recently declined to review a Ninth Circuit Court of Appeals ruling that held that the Americans With Disabilities Act (ADA) applies to nongovernmental entity websites that have a nexus to their...more
On October 7, 2019, United States Supreme Court declined to hear an appeal of a decision by the Ninth Circuit presenting a question of significant importance to business owners engaged in ecommerce: Does Title III of the ADA...more
The landscape remains murky as to whether and how Title III of the Americans with Disabilities Act (ADA) applies to websites. As the financial services industry moves increasingly and inexorably from a “bricks and mortar”...more
Last week, the Supreme Court denied Domino’s Pizza’s petition for review of a Ninth Circuit decision permitting a blind plaintiff’s claim to proceed under the Americans with Disabilities Act (“the ADA”). In the case, the...more
The US Supreme Court denied certiorari on October 7 to Domino’s, locking in the US Court of Appeals for the Ninth Circuit’s ruling that, consistent with Title III of the Americans with Disabilities Act (ADA), the pizza...more
Is your private sector company required by law to make its website accessible to individuals with disabilities? The answer depends on which judge you ask in which jurisdiction; different courts apply different tests. The...more
Businesses should expect that lawsuits and demand letters alleging that their websites violate the Americans with Disabilities Act (“ADA”) will continue to increase in the wake of the United States Supreme Court’s October 7,...more
Seyfarth Synopsis: The Supreme Court Leaves the Ninth Circuit’s Robles v. Domino’s decision intact, dashing businesses’ hope for some relief from website accessibility lawsuits....more
On October 7, 2019, the Supreme Court of the United States dashed the hopes of the business community for relief from website access litigation when it announced that it had denied Domino’s Pizza, LLC’s petition for...more
Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA....more
Domino’s Pizza has filed a petition for a writ of certiorari with the United States Supreme Court asking the Court to weigh in on whether Title III of the Americans With Disabilities Act (ADA) applies to websites. The...more
Seyfarth Synopsis: The Supreme Court will decide whether to hear its first website accessibility case now that briefing on Domino’s Petition for Certiorari is complete....more
In an update with respect to perhaps one of the most important and far-reaching appellate decisions on website accessibility cases filed by legally blind or visually impaired plaintiffs pursuant to the Americans with...more
Domino’s Pizza LLC has submitted a petition asking the U.S. Supreme Court to review and reverse a decision from the Ninth Circuit Court of Appeals that allowed a website accessibility case to proceed against Domino’s. The...more
Domino’s filed its petition for writ of certiorari with the U.S. Supreme Court today, June 13, 2019, asking the Court to review and overturn the Ninth Circuit’s decision which allowed a website accessibility lawsuit to...more
The United States Court of Appeals for the Ninth Circuit recently issued a decision holding that the Americans with Disabilities Act (“ADA”) applies to websites that connect customers to goods and services offered at a...more