News & Analysis as of

Title III

Surf’s Up! Don’t Become The Next Victim Of A Surfing Suit

by Fisher Phillips on

The past few years have seen a steep increase in litigation brought against hospitality businesses under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of a building,...more

California Passes Website Accessibility Requirements Applicable To State Agencies

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California will soon have a new law requiring WCAG 2.0 AA compliance for state agencies’ websites by 2019. On October 14, 2017 California Governor Jerry Brown signed into law AB 434, which will create a...more

Courts Continue to Weigh in on the Issue of Website Accessibility

by Bryan Cave on

Courts across the country continue to weigh in on the issue of website accessibility. Earlier this month, the U.S. District Court for the District of New Hampshire denied a Motion to Dismiss filed by online food delivery...more

In Brief: First Circuit Rules That Section 1109(b) of the Bankruptcy Code Creates an Unconditional Right to Intervene in an...

by Jones Day on

In Assured Guaranty Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico, 872 F.3d 57 (1st Cir. 2017), the U.S. Court of Appeals for the First Circuit ruled that section 1109(b) of the Bankruptcy Code gave an unsecured...more

Online Retailers Beware: Court Holds Website Violates ADA Despite Lack of Physical Store

by Bryan Cave on

Courts across the country continue to weigh in on the issue of website accessibility. Last week, the U.S. District Court for the District of New Hampshire denied a motion to dismiss filed by online food delivery servicer Blue...more

Serial Plaintiffs’ Lawyer Commences Latest Round of Hotel Litigation: How Can Hotels Protect Themselves?

Just as one flood of lawsuits against Arizona businesses finally dries up, another downpour begins. Peter Strojnik of Phoenix, the same attorney who filed more than 1,100 lawsuits that drew the attention of the Arizona...more

California Grocer: The “Wild West” of ADA Website Litigation.

by Downey Brand LLP on

Much of this increase has been driven by litigation focused on the accessibility of websites. Meanwhile, grocers have become more dependent on e-commerce and have adopted technology allowing customers to order groceries and...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

What is Website Accessibility and Why Does It Matter?

by Womble Bond Dickinson on

If you’re anything like us, a discussion that turns to the topic of software coding elicits panic– “are they going to want my legal opinion about this? Oh no! There’s a reason I didn’t take the patent bar – all those science...more

Dear Littler: How Do You Address Employee Service Animal Accommodation Requests Under the ADA?

by Littler on

Dear Littler: I read a New Yorker article about people bringing their dogs everywhere, claiming they were emotional support animals. It mentioned a dog trying to get into Carnegie Hall. But everyone knows there’s only one...more

Federal Court Finds Telephonic Access Could Be an Alternative to Website Accessibility

A federal district court in Los Angeles last week endorsed the possibility that a business may be able to avoid making a website accessible if it provides the same goods and services through telephonic customer service. The...more

Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more

Fake Service Dog Attacks Real Service Dog

by Fox Rothschild LLP on

I’ve been posting about the problems companies face when a customer wants to bring in a fake service dog. One of the biggest issues for companies is figuring out which dogs are fake service dogs and which dogs are real...more

Supreme Court Denies Review of Rules That Vending Machines Are Not Places of Public Accommodation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court declines to review a Fifth Circuit decision stating that a public accommodation covered by Title III of the ADA has to be a physical place and vending machines are not sales...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

House Judiciary Committee Votes to Advance Controversial ADA Amendment

Title III of the Americans With Disabilities Act imposes a proactive duty on businesses subject to the ADA to remove architectural barriers and other obstacles that impede disabled persons’ access to an existing public...more

Another Court Finds That Accessibility Rules Apply to Retail Websites

Last month we told you that a court in Florida had ordered the Winn-Dixie supermarket chain to make its websites accessible to persons with vision impairments by following the Web Content Accessibility Guidelines 2.0...more

Website Accessibility: Is Your Website ADA Compliant?

by Revision Legal on

Legal activists for the disabled are filing an increasing number of successful website accessibility challenges. Among the companies sued: Hobby Lobby, eBay, Blick Art Materials, Five Guys, Target, Winn-Dixie, etc. Very soon,...more

What Businesses Should Know About Website Accessibility Lawsuits Under The ADA

by Fox Rothschild LLP on

Serial plaintiffs are suing businesses in alarming numbers alleging that websites and/or mobile applications are not accessible to persons with disabilities. This checklist reviews compliance obligations and the potential...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Franchise Litigation Rising Over Dietary Considerations

by Lewitt Hackman on

Rising concerns over food sourcing and preparation is leading to more and more litigation for restaurants and franchises. Most of the lawsuits claim discrimination, which makes sense as many dietary strictures are rooted...more

DOJ Officially Shelves Long-Planned Title III Website Regulations

by Nexsen Pruet, PLLC on

In what could prove to be a mixed bag for employers, the Department of Justice (DOJ) officially has shelved once-planned website accessibility regulations under Title III of the Americans with Disabilities Act (ADA). The...more

A Dog, A Bunny And A Cat Walk Into A Diner – What’s The Diner’s Owner To Do?

by Fox Rothschild LLP on

As the weather in South Florida turns cooler and the snow birds start flying south, there is a remarkable increase in the number of little dogs (and other animals) one sees in their local Publix grocery stores and favorite...more

Recent Verdict Strengthens the Growing Need for Websites to Increase Accessibility to Disabled Individuals

by Garvey Schubert Barer on

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of...more

244 Results
|
View per page
Page: of 10
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.