In That Case: Securities and Exchange Commission v. Jarkesy
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#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
SCOTUS Watch: The ACA and Key Health Law Areas Justice Barrett Could Impact - Diagnosing Health Care Podcast
Podcast: Texas v. United States of America
Polsinelli Podcasts - Supreme Court Closes Gap on Bankruptcy Issue
Seyfarth Synopsis: In 2023, the number of ADA Title III lawsuits filed in federal court declined but still exceeded 8,200 for a second year in a row....more
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
Although the Supreme Court already has heard a number of significant arguments, this term has not yet seen any major substantive opinions. This is not to say that there isn’t a lot going on at, or on the way to, the Court....more
The Supreme Court of the United States (SCOTUS) issued its much anticipated ruling in Acheson Hotels, LLC v. Laufer vacating the matter as moot. Doing so, SCOTUS left private business owners grappling with the existing...more
Seyfarth Synopsis: SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar....more
Today, the Supreme Court of the United States issued one decision: Acheson Hotels, LLC v. Laufer, No. 22-429: Deborah Laufer sued hundreds of hotels under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §...more
Seyfarth Synopsis: SCOTUS asked revealing questions in Wednesday's Acheson v. Laufer oral argument, but left attendees wondering whether the Court will provide much-needed guidance on the so-called “tester standing” issue...more
Synopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing....more
Seyfarth synopsis: The opening brief in Acheson Hotels v. Laufer, the first case to reach the U.S. Supreme Court in more than 18 years, was filed yesterday....more
Earlier this week, the U.S. Supreme Court announced it will hear the case of Acheson Hotels, LLC v. Laufer and finally resolve the question of whether “tester” plaintiffs have standing to sue a hotel company that fails to...more
Seyfarth Synopsis: SCOTUS grants certiorari on an ADA Title III case for the first time in 18 years to resolve a circuit split on whether an ADA plaintiff has standing to sue without having any intention of frequenting the...more
In Calcano v. Swarovski North America Ltd., the Second Circuit Court of Appeals consolidated five ADA Title III actions brought by the same law firm for alleged failures to offer braille gift cards. After consolidating the...more
On March 18, 2022, the Second Circuit (covering New York, Connecticut, and Vermont) dismissed a claim under Title III of the Americans With Disabilities Act (ADA) for lack of standing, holding that a website “tester” who...more
Seyfarth Synopsis: In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards....more
LEGISLATION, REGULATIONS & STANDARDS - Senate Confirms FDA Commissioner - The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more
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
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
It is a little-known fact that, in 1994, Blockbuster video was the first store to display pre-paid gift cards for sale. Unlike VHS rentals, the gift card industry has only grown in popularity. Gift cards from major retailers...more
While the seemingly endless wave of website accessibility cases filed by serial plaintiffs shows no signs of abating (a situation not helped by the United States’ Supreme Court’s denial of Domino’s Petition for Certiorari...more
Since October 24, 2019, blind and vision-impaired individuals have filed more than ninety lawsuits claiming that the public accommodations provisions of the Americans with Disabilities Act (Title III) and its state and local...more
Seyfarth Synopsis: Enterprising plaintiffs in New York are suing more than 100 businesses under a new theory – – that ADA Title III requires Braille gift cards....more
Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA....more
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
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