The decision by the United States District Court for the Southern District of Florida in Gil v. Winn-Dixie Stores, Inc. undoubtedly had a direct impact on the subsequent increase in the filing of website accessibility cases...more
Today, Palm Beach County joined the rest of the state, with the exception of Broward and Miami-Dade Counties, in Phase I of the plan to re-open the state. That Phase I is set forth in Governor DeSantis’ Executive Order 20-112...more
On April 29, 2020, Florida Governor Ron DeSantis issued two new executive orders with respect to COVID-19. Executive Order 20-111 extends until May 4, 2020 Executive Order 20-91 which was Florida’s statewide, stay-at-home...more
As the Florida statewide stay at-home order is approaching the end of its first month, some sobering statistics have emerged demonstrating the far-ranging and devastating impact the coronavirus has had on the state’s...more
Florida Governor Ron DeSantis has issued two further executive orders in the last seven days to address COVID-19. Executive Order 20-103 was signed on April 10, 2020 and extends until April 30, 2020 Executive Order 20-87,...more
Florida Governor Ron DeSantis has issued two additional executive orders during the week of April 6, 2020 to address COVID. Executive Order 20-95 was signed on April 6, 2020 and is directed to the issue of the payment of...more
On April 1 and 2, 2020, and after Florida Governor Ron DeSantis issued Executive Order 20-91, a statewide stay-at-home order, the governor issued three additional executive orders to address the COVID-19 pandemic. Executive...more
With coronavirus cases continuing to rise in Florida—and not merely in what was considered the epicenter in south Florida—Governor Ron DeSantis has issued a number of executive orders to address the crisis and hopefully...more
With the United States Supreme Court’s decision not to hear the appeal in the matter of Robles v. Domino’s Pizza, the landscape with respect to website accessibility lawsuits under the Americans with Disabilities Act remains...more
Lawsuits filed under Title III of the Americans with Disabilities Act, or ADA, do not carry with them any right to money damages on behalf of the person who files the lawsuit. The person suing has no right to demand payment...more
In an update with respect to perhaps one of the most important and far-reaching appellate decisions on website accessibility cases filed by legally blind or visually impaired plaintiffs pursuant to the Americans with...more
Many people familiar with litigation probably think of pretrial discovery in the context of traditional and often heated litigation—perhaps a contentious divorce, a complex contractual or real estate dispute or a contested...more
In South Florida where planned communities are common, condominium associations—and homeowners’ associations—are often the norm, not the exception. Florida Statutes Section 718.103 defines a condominium association as “any...more
In another blow to those defending website accessibility cases, brought by legally blind or visually impaired plaintiffs under the Americans with Disabilities Act (ADA), the United States Court of Appeals for the Ninth...more
Florida has long been considered a hotbed of lawsuits filed under Title III of the Americans with Disabilities Act. Certainly, that practice has continued with the most recent trend of ADA cases, namely lawsuits alleging...more
Annuities are a common tool for investment, financial and estate planning and asset protection. An annuity is simply a contract between a person and an insurance company in which the person makes a lump sum payment to the...more
Lawsuits under Title III of the Americans with Disabilities Act, or ADA, based upon a company’s alleged failure to make its website accessible to the visually impaired or legally blind exploded in 2017 and 2018. ...more
I was contacted recently by a prospective client whose former sales representative had set up a competing business. The prospective client had a written agreement with the former sales representative that prohibited the...more
Lawsuits by homeowners against their own insurance companies for failing to pay on damage claims that homeowners believe and argue are covered by their policies of insurance are quite common in Florida. Frequently these...more
Non-competition agreements—or non-competes as they are routinely referred to—are common and are regularly enforced and upheld by Florida courts. A non-compete is designed to limit what an employee can or cannot do both while...more
Florida has implemented a rather simple statutory scheme to address claims that a real property owner believes she may have against a contractor, subcontractor, supplier or design professional for construction defects on her...more
Home renovations and repairs is big business in Florida, especially in densely populated south Florida where it seems that every available square foot of property is occupied by a residence or commercial building. That said,...more
When the Americans with Disabilities Act—the ADA—became law in 1990, websites, which are so common a part of business and life these days, did not exist. Nearly 30 years later, websites are now the driving force behind...more
When Congress passed the Americans with Disabilities Act, or the ADA as it is routinely referred to, in 1990 it probably could not have envisioned the sheer number of lawsuits that would be filed under the ADA in the ensuing...more
Since the Americans with Disabilities Act–often referred to as the ADA—was passed by Congress in 1990, lawsuits under the Act have been quite common. These lawsuits, until recently, have focused on physical or architectural...more