Seyfarth Synopsis: Under a new Consent Decree with the DOJ, 24 Arizona eye surgery centers can no longer require patients with mobility disabilities to pay for third-party services to transfer them on and off operating...more
Seyfarth Synopsis: Plaintiffs filed 3,225 website accessibility lawsuits in federal court in 2022 – a 12% increase over 2021....more
Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda....more
Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda....more
Seyfarth Synopsis: UC Berkeley and the DOJ resolve an 8-year investigation with a comprehensive Consent Decree that requires UC Berkeley to make virtually all the content on its online platforms accessible to people with...more
Seyfarth synopsis: Ninth Circuit judges are getting tougher on lawyers who represent serial plaintiffs by reducing their fees and threatening sanctions for citing outdated law....more
Seyfarth Synopsis: The U.S. Access Board published an ANPRM on September 21, 2022 requesting public comment on nine questions as it prepares draft regulations addressing the accessibility of self-service kiosks....more
Seyfarth Synopsis: In this blog we examine data showing an unexpected drop in the number of Title III Americans with Disabilities Act suits filed so far in 2022, particularly in California....more
Seyfarth Synopsis: The California Court of Appeals puts an end to lawsuits against online only businesses in California and calls out DOJ and Congress for inaction....more
The year 2021 was a blockbuster for ADA Title III lawsuits filed in federal court, with over 11,452 filings. At the end of June 2021, the lawsuit count was 6,304. This year, the number of lawsuits filed by the end of June...more
Seyfarth synopsis: The Spring 2022 Unified Regulatory Agenda is out with rulemakings on medical equipment, EV charging stations and fixed self-service transaction machines on the list of items to be addressed....more
Seyfarth Synopsis: One of the most famous accessibility lawsuits of all time finally settles before trial under terms that may never be known....more
Second Circuit issues scathing decision directed at “mad lib”-style serial ADA Title III complaints, and affirms-on the basis of standing-the dismissal of four lawsuits alleging that retailers violated the ADA by not...more
Seyfarth Synopsis: A California federal court decided after a trial that a blind plaintiff did not have standing to bring a lawsuit about an inaccessible website under Title III of the ADA, and California’s Unruh Act only...more
Seyfarth Synopsis: A recent Second Circuit decision holds that a plaintiff’s encounter with an alleged legal violation on a website, without more, does not give that plaintiff standing to sue under Title III of the ADA....more
Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2021 jumped 14% over 2020, besting the 12% 2020 increase aided by a huge November 2021 spike in filings....more
Seyfarth synopsis: The DOJ issued a new guidance on website accessibility that contains basic information about the ADA’s requirements for lay people but no new information for legal practitioners....more
Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; while disability rights advocates demand regulatory action from DOJ...more
Seyfarth Synopsis: Plaintiffs continue filing ADA Title III lawsuits in record numbers with no sign of stopping.
As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020...more
Seyfarth synopsis: Winn-Dixie has asked the Eleventh Circuit to recall its decision to dismiss the appeal and underlying lawsuit as moot and that the decision be reconsidered by a full panel of Eleventh Circuit judges....more
Seyfarth Synopsis: Hotels have been fighting a tsunami of hotel reservations website lawsuits with good results so far....more
Seyfarth synopsis: We predict 2022 will look a lot like 2021 with roughly the same number of lawsuits and DOJ pushing the boundaries of the ADA....more
Seyfarth synopsis: The Ninth Circuit holds that a restaurant’s practice of exclusively providing service at the drive-through and refusing to serve pedestrians at the drive-through line does not violate the ADA....more
Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation....more
Seyfarth Synopsis: Three businesses prevail in website accessibility lawsuits in New York and California. Defending website accessibility lawsuits can be an expensive and difficult battle for public accommodations, but there...more