News & Analysis as of

Title III

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

House Votes To Amend The ADA To Provide Businesses With Notice And Cure Period

by Fox Rothschild LLP on

ADA reform finally may be on the horizon. On February 15, 2018 the U.S. House of Representatives passed legislation known as the ADA Education and Reform Act (H.R. 620), that would curb the rampant abuse of Title III of the...more

ADA Title III Lawsuits Increase by 14% Percent in 2017 Due Largely to Website Access Lawsuits; Physical Accessibility Legislative...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge in 2017, fueled largely by website accessibility claims; while legislative reform efforts continue to mitigate the physical accessibility...more

Consent Decree in BarBri Case Includes Compliance With WCAG Standards for Digital Content

by Ballard Spahr LLP on

BarBri, Inc., a provider of review courses and materials for law school graduates preparing for the bar exam, earlier this month entered into a consent decree to resolve claims that its online and app-based content was not...more

DOJ Drops Plans for ADA Guidance

It’s official: After years of waiting, the Department of Justice (DOJ) will not provide online retailers with guidance on the boundaries of website accessibility under the Americans with Disabilities Act (ADA)....more

Website Accessibility Cases Proceed Despite Absence of Regulations

by Akerman LLP - HR Defense on

Recent trends indicate that ’tis always the season for web accessibility litigation, so with the new year, you should take a new look at your website. Businesses around the country, and especially in Florida, are discovering...more

Labor & Employment Newsletter - January 2018

by Hinshaw & Culbertson LLP on

Website accessibility lawsuits continue to increase nationwide. Nearly every business sector has faced such lawsuits. In 2017, Florida ranked first in the number of website accessibility suits filed in federal court. Because...more

Is Your Company Website Sufficiently Accessible to the Disabled?

by Nossaman LLP on

ADA Title III Litigation Continues to Increase - Over the last two years, there have been an increasing number of lawsuits filed over the alleged failure of websites to accommodate persons with disabilities. According to a...more

A New Year for Online Businesses: DOJ Ends 2017 by Withdrawing Website Accessibility Rulemaking

by Bryan Cave on

2017 was a busy year for retailers and businesses with an online presence, as they faced a wave of demand letters and lawsuits alleging that their websites are inaccessible to the visually impaired and/or hearing impaired in...more

New York Passes Law Against Service Animal Fraud, Joining Other States

by Seyfarth Shaw LLP on

Seyfarth Shaw Synopsis: Effective December 18, 2017, New York became the latest state to enact a law cracking down on fake service animals. ...more

DOJ Rescinds 10 ADA Guidance Documents

by Ballard Spahr LLP on

U.S. Attorney General Jeff Sessions recently announced that the Department of Justice (DOJ) rescinded 25 guidance documents that the department deemed unnecessary, inconsistent with existing law, or otherwise improper....more

Courts Continue To Grapple With Leave As A Reasonable Accommodation Under ADA

by Pierce Atwood LLP on

When is it safe to terminate an employee who has exhausted (or is ineligible for) Family Medical Leave Act (FMLA) leave, but who is unable to return to work? This question continues to confound employers, and has been the...more

2017 Website Accessibility Lawsuit Recap: A Tough Year for Businesses

by Seyfarth Shaw LLP on

Seyfarth Synopsis: 2017 saw an unprecedented number of website accessibility lawsuits filed in federal and state courts, and few courts willing to grant early motions to dismiss....more

ICBA Negotiates Settlement with Plaintiff Group on Alleged ADA Liability

by Bryan Cave on

Numerous community banks that had received demand letters from the advocacy group Access Now alleging that their websites and mobile apps are inaccessible in violation of Title III of the Americans With Disabilities Act (the...more

Is DOJ Rolling Back The ADA?

In a November 17 memorandum, Attorney General Sessions prohibited DOJ agencies from using “guidance” documents to circumvent rulemaking. A DOJ Task Force charged with identifying existing regulations and guidance for repeal,...more

Getting the Dreaded Plaintiff's Letter: Businesses Being Sued for the Accessibility of Their Websites

A rash of lawsuits are being filed around the country against businesses and retailers, claiming their websites are not accessible to those with visual or hearing impairments. These lawsuits are being filed under Title III of...more

DOJ Officially Pulls the Plug on Regulations Already on Life Support

In a move that surprises no one, the Department of Justice (DOJ) has announced today, December 26, 2017, that it has officially withdrawn its two Advanced Notices of Proposed Rulemaking (ANPRM) related to website...more

DOJ Nixes All Pending ADA Rulemakings, Including Website Access Rules

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Justice Department withdraws pending rulemakings for accessible websites, furniture and non-fixed equipment.The current Department of Justice’s (DOJ) regulatory approach to Title III of the ADA is yet...more

SuperVision - Labor & Employment Law Insights - December 2017

The Editors' Note - Welcome to the fourth quarter edition of SuperVision, the quarterly e-newsletter published by Spilman's Labor & Employment Group. With the recent headlines dominated by stories of individuals coming...more

ADA Litigation Continues With Recent Settlements

As the wave of Americans with Disabilities Act (ADA) litigation against online retailers continues, a handful of companies have settled lawsuits for failing to make their websites accessible to those with visual impairments....more

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

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