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Title III Appeals

Buchalter

Online Only Retailers Have a New Defense Against Website Accessibility Claims in California

Buchalter on

On August 1, 2022, the California Court of Appeals issued the decision in Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 [297 Cal.Rptr.3d 712]. In Martinez, the plaintiff claimed that Cot’n Wash’s website...more

Bradley Arant Boult Cummings LLP

The ADA and Your Website A Guide to Website Accessibility Claims

Most employers know the Americans with Disabilities Act (ADA) as the law that prohibits discrimination on the basis of disability and requires reasonable accommodations of employees’ disabilities. However, this prohibition is...more

Rumberger | Kirk

Confusion Follows Eleventh Circuit Decision In Seminal ADA Website Case Vacating Its Prior Ruling In Favor Of Winn-Dixie Based On...

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The litigation landscape for Americans with Disabilities Act (ADA) website claims grew murkier after the Eleventh Circuit Court of Appeals vacated its previous ruling in the grocery store chain’s favor. In Gil v. Winn-Dixie...more

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

Is the Tide Turning on Website Accessibility Claims? California Court of Appeal Upholds a ‘Bona Fide Intent’ Requirement

The Court of Appeal of the State of California, Fourth Appellate District, recently handed a potentially significant website accessibility win to the business community under the Unruh Civil Rights Act (Unruh Act) when it...more

Eversheds Sutherland (US) LLP

Whistling a new tune: Eleventh Circuit’s Winn-Dixie decision finds websites are not places of public accommodation under ADA

In a decision that creates new hurdles for website accessibility lawsuits under the Americans with Disabilities Act (ADA), on April 7, 2021, the US Court of Appeals for the Eleventh Circuit ruled that websites do not...more

Cozen O'Connor

Eleventh Circuit Court of Appeals Refuses to Extend ADA Liability to Websites

Cozen O'Connor on

Title III of the Americans with Disabilities Act (ADA) requires that disabled persons have equal access to goods and services provided by any “place of public accommodation.” ...more

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

Eleventh Circuit Holds Websites Not Places of Public Accommodation Under ADA, Rejects ‘Nexus’ Standard

On April 7, 2021, the Eleventh Circuit Court of Appeals rendered its long-awaited opinion in Gil v. Winn-Dixie Stores, Inc., reversing a trial court’s decision against Winn-Dixie, holding that websites are not places of...more

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

Understanding ‘Standing’: The Eighth Circuit Slams the Brakes on Three More ADA Title III ‘Drive-By’ Suits

Continuing a trend that saw Minnesota courts dismiss at least eight disability access lawsuits under Title III of the American with Disabilities Act (ADA) in 2018 and 2019, the Eighth Circuit Court of Appeals, which has...more

Rumberger | Kirk

More ADA Lawsuits Targeting Mobile Apps Are Likely Ahead

Rumberger | Kirk on

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

ArentFox Schiff

Domino’s Delivers a Warning Regarding Website and App Accessibility Requirements Under the Americans With Disabilities Act

ArentFox Schiff on

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

BCLP

Supreme Court Denies Review in Website Accessibility Case Against Domino’s Pizza

BCLP on

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

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

The Domino(’s) Effect - What to Expect as a Result of SCOTUS’s Denial of Cert

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

Troutman Pepper

California Appellate Court Adopts Broad Standing for Claims Based on Asserted ADA Violations

Troutman Pepper on

The California Supreme Court recently issued a ruling in White v. Square, Inc. that suggested standing to assert claims against websites for violations of the Unruh Civil Rights Act will be interpreted very broadly. In a case...more

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

Just Keep Driving: Minnesota Courts Continue to Block ADA Title III “Drive-By” Suits

In early 2018, Minnesota federal courts issued two decisions dismissing so-called “drive-by” disability access lawsuits under Title III of the Americans with Disabilities Act (ADA). That trend has continued in 2019. In fact,...more

Eversheds Sutherland (US) LLP

Domino's asks Supreme Court to weigh in on website accessibility 

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

BCLP

Domino’s Petitions Supreme Court for Review of Unfavorable Website Accessibility Decision

BCLP on

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

Eversheds Sutherland (US) LLP

Ninth Circuit reversal delivers blow to defense of website accessibility class actions

On January 15, 2019, the US Court of Appeals for the Ninth Circuit revived a previously dismissed Americans with Disabilities Act (ADA) website accessibility class action against Domino’s Pizza. In Robles v. Domino’s Pizza,...more

Seyfarth Shaw LLP

Ninth Circuit Allow the Robles v. Domino’s Website and Mobile App Accessibility Lawsuit to Move Forward

Seyfarth Shaw LLP on

Seyfarth Synopsis: Ninth Circuit overturns district court’s dismissal of website accessibility lawsuit on due process and primary jurisdiction grounds, remands case to proceed with discovery....more

BCLP

Ninth Circuit Issues Important Decision in Domino’s Website Accessibility Action

BCLP on

As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more

Seyfarth Shaw LLP

Robles v. Dominos: Engaged Ninth Circuit Hears Web Access Appeal

Seyfarth Shaw LLP on

On October 12, in sunny Pasadena, California, the Ninth Circuit Court of Appeals heard oral arguments in the Robles v. Dominos case. ...more

Fisher Phillips

Court Permits Website Accessibility Lawsuit Against Hooters To Proceed

Fisher Phillips on

A federal appeals court just breathed new life into a disability access lawsuit filed against restaurant chain Hooters, permitting a blind plaintiff who claims he could not access the company’s business website to proceed...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 trial....more

Jaburg Wilk

Lawyer for Advocates for Individuals with Disabilities Quietly Files More Serial ADA Lawsuits Targeting Valley-Area Hotels and...

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

Katten Muchin Rosenman LLP

Second Circuit Dismisses Suit Over FBI’s Wiretapping of Marital Conversations in Securities Fraud Investigation

Federal Bureau of Investigation (FBI) wiretapping played an important role in the wide-ranging insider trading investigation and subsequent trials of Galleon Group LLC principals and traders. During his criminal prosecution,...more

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