News & Analysis as of

Title III

McAfee & Taft

Is your company’s website compliant with the Americans with Disabilities Act?

by McAfee & Taft on

A recent wave of lawsuits and demand letters alleging violations of the Americans with Disability Act has begun hitting businesses across the United States. Their new target: company websites. Last year, plaintiffs filed over...more

Jackson Lewis P.C.

Are You Accessible In Cyberspace?—Healthcare Is Not Immune From The Latest ADA Title III Trend

by Jackson Lewis P.C. on

Public accommodation lawsuits under Title III of the Americans with Disabilities Act (ADA) have been around for years, but traditionally involve physical barriers such as narrow parking spots or access aisles, lack of...more

Seyfarth Shaw LLP

World Wide Web Publishes Expanded Web Accessibility Guidelines

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The World Wide Web Consortium just published an expanded version of the WCAG to add 17 more requirements to address new technologies and other digital barriers for individuals with disabilities....more

Seyfarth Shaw LLP

CA Court Rules Unruh Act Requires Website to Conform to WCAG 2.0 AA, But Denies Damages for Multiple Visits to Website

by Seyfarth Shaw LLP on

On May 21, a California state court in Los Angeles held on summary judgment that the Whisper Lounge restaurant violated California’s Unruh Act by having a website that could not be used by a blind person with a screen reader,...more

Burns & Levinson LLP

Is Your Website ADA Compliant, and Should It Be?

by Burns & Levinson LLP on

The Americans With Disabilities Act prohibits discrimination “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public...more

Patterson Belknap Webb & Tyler LLP

Bondholders announce framework for Commonwealth-COFINA Settlement; Oversight Board and Government say the deal is “Not...

On May 14, a large coalition of stakeholders in the COFINA-Commonwealth litigation, announced a proposed settlement outline to resolve the long-running dispute over who owns the sales and use taxes pledged by COFINA to secure...more

Mintz Levin - Employment Matters

The Rising Tide of ADA Litigation Against Health Care Entities

Over the past several years, health care entities have increasingly become the target of private and government plaintiffs complaining of disability discrimination. A crescendo of litigation has engulfed the health care...more

Seyfarth Shaw LLP

Theatre Must Provide Captioning For All Live Performances Says Federal Judge

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Minnesota federal judge orders a theatre to provide, upon request, captioning services for the deaf for all theatrical performances....more

Fox Rothschild LLP

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

by Fox Rothschild LLP on

"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

Brownstein Hyatt Farber Schreck

The Gaming Industry is Susceptible to ADA Website Accessibility Lawsuits

While we usually think that that the Americans with Disabilities Act (“ADA”) is limited to physical barriers impacting disabled individuals, such as whether doorways are wide enough or ramps too steep, lawyers for disabled...more

Blank Rome LLP

ADA Website Accessibility Lawsuits on the Rise: Companies Should Review Their Potential Exposure

by Blank Rome LLP on

With the recent spike in website accessibility lawsuits, companies should review their websites for compliance with the Americans with Disabilities Act (“ADA”) in order to avoid litigation and should consider taking steps to...more

Seyfarth Shaw LLP

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

Jackson Lewis P.C.

Can We Fix It? Eighth Circuit Answers: Yes, We Can!

by Jackson Lewis P.C. on

ADA Title III claims have become a trap for many unsuspecting businesses. The claims often lead to protracted litigation driven by attorney fees rather than the underlying issue. A recent decision from the U.S. Court of...more

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

It’s Not Enough to Just Drive By: Minnesota Cases Reiterate Requirements to State Viable ADA Title III Access Claims

In two rulings arising in Minnesota in March of 2018, federal courts reminded litigants that business owners have various defenses that can effectively shut down so-called “drive by” disability access lawsuits prior to...more

Sheppard Mullin Richter & Hampton LLP

Is Your Online Job Application Accessible To The Visually Impaired? The Newest Website Accessibility Claims

In recent years, businesses have been inundated with a wave of serial litigation wherein private plaintiffs have argued that websites that are insufficiently compatible with screen reading software are in violation of Title...more

Goulston & Storrs PC

No Relief in Sight from Website Accessibility Lawsuits

by Goulston & Storrs PC on

In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more

Fisher Phillips

Your School Could Be One Click Away From A Lawsuit

by Fisher Phillips on

The education industry continues to be at the forefront when it comes to using emerging technology and digital marketing. For most schools, their website functions as the new reception area (albeit virtual), where both...more

Lowndes, Drosdick, Doster, Kantor & Reed,...

Three Proactive Steps Hotel Operators Can Take to Mitigate ADA Financial Risks

While federal lawsuits alleging violations of the Americans with Disabilities Act are not new, recent news coverage of current and ongoing lawsuits underscore that major hotel flags are particularly attractive targets for...more

Eversheds Sutherland (US) LLP

Light at the end of the tunnel: House passes bill to curb serial ADA lawsuits

The United States House of Representatives recently passed a bill aimed at stemming the floodtide of Americans with Disabilities Act (ADA) lawsuits brought by a small number of serial plaintiffs. The bill, the ADA Education...more

Manatt, Phelps & Phillips, LLP

ADA Suit Against 1-800-Flowers.com Blooms

Demonstrating the minefield facing online retailers, the U.S. District Court, District of Massachusetts refused to dismiss an Americans with Disabilities Act (ADA) accessibility suit filed against 1-800-Flowers.com....more

FordHarrison

Public Accommodation of Service Animals and Emotional Support Animals

by FordHarrison on

Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses that are open to the public – like shopping malls, restaurants, movie...more

LeClairRyan

A New ADA on the Horizon? The House Says Yes.

by LeClairRyan on

On February 15, the House in a 225 to 192 vote passed legislation to amend the Americans with Disabilities Act. The ADA Education and Reform Act (H.R.620) would require plaintiffs hoping to sue businesses in federal court to...more

Jackson Lewis P.C.

House Bill Would Limit Drive-By Lawsuits By Amending Title III Of Americans With Disabilities Act

by Jackson Lewis P.C. on

The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats). Prior to filing a lawsuit under Title III of the Americans with...more

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

Title III Notice and Cure Bill Passes Initial Legislative Hurdle

The House of Representatives passed a bill on February 15, 2018, that requires Americans with Disabilities Act (ADA) Title III plaintiffs to provide businesses with notice and an opportunity to cure any barriers before filing...more

Seyfarth Shaw LLP

House Passes Bill To Amend Title III Of The ADA In Attempt To Curb Drive-By Lawsuits

by Seyfarth Shaw LLP on

Seyfarth Synopsis: HR 620 requires potential plaintiffs to provide businesses with notice of architectural barriers and give them an opportunity to remove them before filing suit. ...more

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