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Americans with Disabilities Act (ADA) Attorney's Fees

Bricker Graydon LLP

Labor and Employment Cases in the 2024/2025 Supreme Court Term

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The Supreme Court of the United States opened up the new term on October 7, 2024. The Court is currently slated to address 40 cases this term. Oral arguments will be heard for nine cases in October and an additional seven in...more

Fisher Phillips

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

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The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

Ballard Spahr LLP

The Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as Moot

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On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more

Jackson Lewis P.C.

U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

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The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v....more

Lathrop GPM

The Franchise Memorandum - Issue #271

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Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class...more

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

Eleventh Circuit Court of Appeals Creates New Standard for Standing in Title III Cases Against Gas Stations

For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when, after obtaining default judgments against two gas...more

Lathrop GPM

The Franchise Memorandum - Issue # 254

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Below are summaries of recent legal developments of interest to franchisors. Given the widespread and evolving impact of the COVID-19...more

Lathrop GPM

The Franchise Memorandum - Issue #253

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Below are summaries of recent legal developments of interest to franchisors. Given the widespread and evolving impact of the COVID-19...more

Seyfarth Shaw LLP

Ohio Governor Signs Bill Requiring Plaintiffs To Provide Pre-Suit Notice For Physical Access Violations

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Seyfarth Synopsis: A new Ohio law will require notice and opportunity to cure as a prerequisite for a plaintiff’s recovery of attorney’s fees in physical accessibility lawsuits. ...more

Proskauer - California Employment Law

California Employment Law Notes - November 2018

Employee Non-Solicitation Provision Was An Unenforceable Restraint - AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018) - AMN and Aya are competitors in the business of providing...more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2018 #4

Sixth Circuit: Employer Violated ADA by Firing Diabetic Employee - Why it matters - An employer violated the Americans with Disabilities Act (ADA) for terminating a diabetic employee who drank orange juice at the cash...more

Butler Snow LLP

Sixth Circuit Upholds EEOC Victory in ADA Suit

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In a previous piece, I wrote about a diabetic worker in East Tennessee who won a jury award in an Americans with Disabilities Act (ADA) case against Dollar General. The worker was fired for violating Dollar General’s grazing...more

Fisher Phillips

New Trend In Accessibility Lawsuits: The Class Action Complaint

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Most retailers have by now faced a Title III lawsuit under the Americans with Disabilities Act (ADA) contending that a store is not accessible to disabled individuals. There remains a plethora of attorneys who make a living...more

Foley & Lardner LLP

So What’s it Going to Cost Me?

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When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

Manatt, Phelps & Phillips, LLP

Employment Law - February 2018

Supreme Court Hits Pause on State Statutes of Limitation - Why it matters - Weighing in on the definition of “tolled,” the Supreme Court declared the time limit on state claims stops while federal claims are pending....more

Spilman Thomas & Battle, PLLC

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

Downey Brand LLP

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

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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

Seyfarth Shaw LLP

Texas Bankers and Nebraska Retailer Fight Back Against “Troll-Like” ADA Title III Website Accessibility Litigation

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Seyfarth Synopsis: Retailer and Texas bankers go on the offense in response to ADA Title III lawsuits and demand letters. Hundreds, possibly thousands, of banks, retailers, and other businesses have received demand...more

Shutts & Bowen LLP

Your property was hit with an ADA lawsuit – now what?

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Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

Hogan Lovells

Community Banks Should Be Wary of ADA Claims

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A number of community banks have recently received an unpleasant delivery: a demand letter from a law firm stating the bank is not in compliance with the Americans with Disabilities Act (the ADA) and suggesting a proposed...more

Fisher Phillips

May 2016: Ten Biggest Labor And Employment Law Stories

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The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, we typically bring you a review of the five biggest stories from previous month. May...more

Rumberger | Kirk

What To Know About Website Accessibility Claims

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The new battleground for Plaintiffs filing ADA accessibility cases involves claims of barriers not in physical space but in cyber space. The Plaintiffs’ bar has become more aggressive in filing claims asserting that public...more

BCLP

ADA Website Accessibility Cases Continue to Grow

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An increasing number of retailers are facing lawsuits or threats of lawsuits regarding website accessibility under the Americans With Disabilities Act (“ADA”), despite the fact that the ADA and its implementing regulations do...more

Haight Brown & Bonesteel LLP

Court Finds School District May Have Violated Disabled Student’s Civil Rights

In T.B., et al. v. San Diego Unified School District (No. 12-56060, Amended 11/19/15), the United States Court of Appeals for the Ninth Circuit held that a reasonable jury could find the San Diego Unified School District...more

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