News & Analysis as of

Americans with Disabilities Act (ADA) Class Action Title III

Seyfarth Shaw LLP

Ninth Circuit Green Lights Kiosk Accessibility Class Action

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Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind....more

Seyfarth Shaw LLP

Numerosity Killed the Class Action: Third Circuit Vacates Certification of Another ADA Title III Class

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Seyfarth Synopsis: For the second time in four years, the Third Circuit has reversed a trial court’s certification of a nationwide Title III class on numerosity grounds, applying a demanding standard that will be hard for...more

Parker Poe Adams & Bernstein LLP

Nike Settlement Raises Questions for Employee Mask Mandates

Most U.S. employers have implemented some form of employee mask mandate in response to the COVID-19 pandemic. The likely issuance of a federal Occupational Safety and Health Administration emergency COVID-19 safety standard...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

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In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation: March Recap and May Meeting Overview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for May 28, 2020. In light of the Covid pandemic, all oral arguments are scheduled to be completed virtually by...more

Eversheds Sutherland (US) LLP

Tender not accepted – court rejects copy-cat ADA gift card suits

Tender not accepted – court rejects copy-cat ADA gift card suits - Since late last year, hundreds of class actions have been filed against retailers and restaurant groups alleging violations of Title III of the Americans...more

Seyfarth Shaw LLP

Seyfarth on CBD – February 2020 Update

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CBD continues to flourish in the markets despite lack of federal regulations, and we’ve identified some significant events that indicate there’s no sign it’s stopping. ...more

Epstein Becker & Green

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA...

Epstein Becker & Green on

For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - October 2019

Supreme Court Declines to Weigh In on Website Accessibility - In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act,...more

Jackson Lewis P.C.

Federal Court Allows Class Action Website Disability Access Case To Proceed Against An Employer

Jackson Lewis P.C. on

While we continue to wait for guidance from the government on website accessibility standards, plaintiffs continue to challenge the accessibility of company websites. For years, individuals have brought lawsuits claiming that...more

Verrill

Is Your Website Accessible to Disabled Online Job Seeker?

Verrill on

On March 22, 2019, a federal judge permitted an Ohio man’s class action lawsuit to proceed against Ford Motor Company. The lawsuit alleges the company discriminated against disabled job applicants because its online job...more

Polsinelli

Warning: Websites and Apps Must Comply with the ADA

Polsinelli on

Recently, the U.S. Ninth Circuit Court of Appeals ruled in Robles v. Domino’s Pizza that an employer’s websites and mobile applications, or “apps,” are subject to the strictures of the Americans with Disabilities Act, as...more

Eversheds Sutherland (US) LLP

Ninth Circuit reversal delivers blow to defense of website accessibility class actions

On January 15, 2019, the US Court of Appeals for the Ninth Circuit revived a previously dismissed Americans with Disabilities Act (ADA) website accessibility class action against Domino’s Pizza. In Robles v. Domino’s Pizza,...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

Eversheds Sutherland (US) LLP

Hit refresh - Eleventh Circuit decision opens door for copycat ADA lawsuits

In a decision that may open the door for serial website accessibility lawsuits under the Americans with Disabilities Act (ADA), on June 19, 2018, the US Court of Appeals for the Eleventh Circuit ruled that the private...more

Lewitt Hackman

Franchise Litigation Rising Over Dietary Considerations

Lewitt Hackman on

Rising concerns over food sourcing and preparation is leading to more and more litigation for restaurants and franchises. Most of the lawsuits claim discrimination, which makes sense as many dietary strictures are rooted...more

Foster Garvey PC

Recent Verdict Strengthens the Growing Need for Websites to Increase Accessibility to Disabled Individuals

Foster Garvey PC on

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2017

Cruz-Alvarez and Canfield Examine Recent Ruling on Website Access for Visually Impaired - Food and beverage companies offering retail sales on the web are facing a wave of lawsuits filed by visually impaired plaintiffs...more

Fisher Phillips

June 2017: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Eversheds Sutherland (US) LLP

Impaired Access: ADA Website Accessibility Lawsuits On the Rise

An increasing number of class action lawsuits have been filed over the past year against private companies by individuals alleging violations of the Americans with Disabilities Act (ADA) for failure to maintain websites that...more

Seyfarth Shaw LLP

Spokeo May Raise the Bar for Standing in ADA Title III Cases

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Seyfarth Synopsis: The U.S. Supreme Court’s recent Spokeo decision may lead to more careful scrutiny of whether ADA Title III plaintiffs have a sufficiently “concrete” injury to confer jurisdiction in federal court. As...more

FordHarrison

More Businesses Face Lawsuits Challenging Website Accessibility

FordHarrison on

Despite the recent explosion of lawsuits challenging the accessibility of websites under Title III of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) has announced that it will not publish proposed...more

Lathrop GPM

ADA Litigation Over Website Accessibility Is Exploding

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Today, it is nearly unthinkable to run a successful business without a website. While companies focus on the appearance, functionality and usability of their sites, they often inadvertently overlook how well the website...more

Holland & Knight LLP

Food and Beverage Law Update: October 2015

Holland & Knight LLP on

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Orrick, Herrington & Sutcliffe LLP

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

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