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Disability Access Claims Americans with Disabilities Act (ADA) Corporate Counsel

Seyfarth Shaw LLP

Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

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A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Questions Whether ADA Tester Case Is Moot

On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims...more

Seyfarth Shaw LLP

ADA Title III Federal Mid-Year Lawsuit Numbers at an All-Time High

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Seyfarth Synopsis: ADA Title III lawsuit filings in federal courts on pace for a record year. Regular readers will doubtless recall that 2020 was a down year (but just barely) for lawsuits filed in federal court alleging...more

Seyfarth Shaw LLP

Ninth Circuit Announces Legal Framework for Readily Achievable Barrier Removal Claims Under ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit Court of Appeals adopts a burden-shifting framework for analyzing claims involving the removal of pre-ADA barriers which requires the plaintiff to “plausibly show how the cost of removing...more

Seyfarth Shaw LLP

Federal ADA Title III Lawsuit Numbers Drop 15% for the First Half of 2020 But a Strong Rebound Is Likely

Seyfarth Shaw LLP on

Seyfarth synopsis: Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual....more

Seyfarth Shaw LLP

New CA Law Requires Disclosing Known ADA Violations During Lease Negotiations

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Seyfarth Synopsis: In yet another effort to reduce ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation to encourage tenants and landlords to acknowledge and address any...more

Snell & Wilmer

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

Snell & Wilmer on

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Haight Brown & Bonesteel LLP

Temporary Obstructions Are a Permanent Problem Under the Americans with Disabilities Act

Boxes, ladders, furniture or other objects commonly placed in aisles, walkways or paths may not be temporary obstructions and may be actionable under the Americans with Disabilities Act (ADA) according to a recent ruling by...more

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