The California Court of Appeals Second Appellate District recently affirmed a trial court’s dismissal of a complaint filed by a visually impaired plaintiff, alleging that a cleaning product company’s retail website was...more
The U.S. District Court for the Eastern District of New York recently ruled that the Americans With Disabilities Act (ADA) does not apply to websites that maintain no connection to a brick-and-mortar retail location based on...more
The California Court of Appeals, Fourth Appellate District, recently reversed a lower court ruling against a visually impaired plaintiff who alleged that a credit union’s website was incompatible with screen-reader software....more
7/6/2020
/ Americans with Disabilities Act (ADA) ,
Appeals ,
ATMs ,
Credit Unions ,
Disability Access Claims ,
Disability Discrimination ,
Dismissals ,
Nexus ,
Public Accommodation ,
Reversal ,
Software ,
Unruh Civil Rights Act ,
Websites
Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more
11/15/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Brick-and-Mortar Stores ,
Denial of Certiorari ,
Disability Discrimination ,
Disney ,
Gift-Cards ,
Home Depot ,
Internet ,
Kroger ,
Motion to Dismiss ,
NYCHRL ,
NYSHRL ,
Permanent Impairments ,
Public Accommodation ,
Putative Class Actions ,
Regulatory Standards ,
Regulatory Violations ,
Restaurant Industry ,
Retail Market ,
Retailers ,
Victoria Secret ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Whole Foods
The U.S. Supreme Court recently declined to review a Ninth Circuit Court of Appeals ruling that held that the Americans With Disabilities Act (ADA) applies to nongovernmental entity websites that have a nexus to their...more
10/18/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dominos ,
Mobile Apps ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Regulatory Standards ,
SCOTUS ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
9/11/2019
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Article III ,
Disability Discrimination ,
Public Accommodation ,
Standing ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
8/20/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Corporate Counsel ,
Disability Discrimination ,
Dismissals ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Companies, universities and other organizations around the country continue to face an onslaught of lawsuits brought under the Americans with Disabilities Act (ADA) alleging that commercial websites cannot be appropriately...more
6/13/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Kroger ,
Motion to Dismiss ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Any company doing business on the West Coast must be aware of the Americans With Disabilities Act (ADA) and how it applies to their website. Now, following a flurry (if not frenzy) of cases...more
On July 20, the Trump administration published its Unified Agenda of Regulatory and Deregulatory Actions, which transferred to an “inactive actions” list the Department of Justice’s (DOJ’s) ongoing project for additional...more
8/2/2017
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Under the Americans with Disabilities Act (ADA), places of public accommodation must ensure equal access to the goods and services they offer to disabled individuals. Is a company website subject to the ADA? The answer to...more