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Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more
As in years past, the number of lawsuits filed against hotels, restaurants, and other places of public accommodation alleging that their websites violate the Americans with Disabilities Act (“ADA”) has continued to rise...more
Synopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing....more
Seyfarth synopsis: The opening brief in Acheson Hotels v. Laufer, the first case to reach the U.S. Supreme Court in more than 18 years, was filed yesterday....more
The Supreme Court just agreed on Monday to weigh in on whether a private citizen can serve as a legal “tester” that goes from business to business looking for – and suing for – alleged violations of the Americans with...more
On March 18, 2022, the Second Circuit (covering New York, Connecticut, and Vermont) dismissed a claim under Title III of the Americans With Disabilities Act (ADA) for lack of standing, holding that a website “tester” who...more
Seyfarth Synopsis: After holding a consolidated evidentiary hearing, District Judge Brenda K. Sannes concluded that Plaintiff Deborah Laufer did not have standing to bring 17 lawsuits alleging that hotels failed to provide...more
In the past month, there have been some notable developments surrounding Section 230 of the Communications Decency Act (“CDA” or “Section 230”) beyond the ongoing debate in Congress over the potential for legislative reform....more
Seyfarth Synopsis: The Northern District of New York sees far fewer ADA Title III lawsuits than its Eastern and Southern counterparts and apparently has no patience for serial plaintiffs with flimsy boilerplate filings. ...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
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
In Brintley v. Aeroquip Credit Union et al., Case Nos. 18-2326/2328 (August 8, 2019), the Sixth Circuit Court of Appeals issued an order dismissing an Americans with Disabilities Act (“ADA”) claim alleging that the defendant...more
Evolving case law regarding website accessibility under the Americans with Disabilities Act (ADA) and comparable state laws continues to impact companies across the country. In the past, courts have required plaintiffs to...more
Seyfarth Synopsis: Courts in the Fourth Circuit are taking a hard look at a plaintiffs’ standing in website accessibility cases. In a small but potentially important victory for defendants facing website accessibility...more
Three recent court decisions reaffirm the expansive immunity awarded to online providers that host third-party content under Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c): California’s Superior...more