Seyfarth Synopsis: In an apparent effort to stop one plaintiff’s lawsuit spree, the Nevada Attorney General moves to intervene in a federal ADA Title III lawsuit arguing that the plaintiff failed to provide notice to the state agency responsible for enforcing Nevada’s antidiscrimination law before filing suit.

On Wednesday, August 9, the Nevada Attorney General filed a motion to intervene
Continue Reading Nevada Attorney General Takes Dramatic Action to Stop Serial Plaintiff’s ADA Title III Lawsuits

Seyfarth Synopsis: With the recent proliferation of web accessibility demand letters and lawsuits, businesses often ask whether settling a claim with one plaintiff will bar future lawsuits brought by different plaintiffs. One federal judge recently said no.

Plaintiffs Rachel Gniewskowski, R. David New, and Access Now, Inc.—represented by Carlson, Lynch, Kilpela & Sweet—sued retailer Party City in the Western District
Continue Reading Court Says Settlement Agreement Does Not Bar Later Website Accessibility Lawsuit by a Different Plaintiff

Seyfarth Synopsis:  The number of federal ADA Title III lawsuits continue to surge, fueled by new plaintiffs, new plaintiffs’ lawyers, and website accessibility claims.

Our 2016 lawsuit count is complete, and the results no less remarkable than prior years.  In 2016, 6,601 ADA Title III lawsuits were filed in federal court — 1,812 more than in 2015. This 37 percent
Continue Reading ADA Title III Lawsuits Increase by 37 Percent in 2016

Seyfarth Synopsis: Google Maps now provides information on accessibility, but the information may not be particularly reliable or useful to gauge accessibility.

The Google Maps app now indicates if a location is “accessible” to wheelchair users.  Here’s how it works: users can now click on various storefronts and other public places within the mobile app, and it will say whether
Continue Reading Google Maps App Now Tells Users If Locations Are Accessible, But Is It Accurate and Reliable?

Seyfarth Synopsis: A disability advocacy group behind approximately 1,700 Arizona access lawsuits breaks new ground by filing suit against the Arizona Attorney General, in an unusual counter-attack to the AG’s motion to dismiss those cases for lack of standing. 

As we previously reported here, the Arizona Attorney General (“AG”) responded to a surge of access suits filed in that
Continue Reading Battle Between Arizona Attorney General And Serial Lawsuit Filer Heats Up

Seyfarth Synopsis:  Our thoughts on the impact of the election on the ADA Title III landscape.

We now know that January 20, 2017 will bring a definitive regime change. How will this change impact Title III of the ADA, the current litigation environment, and pending Department of Justice (DOJ) regulations and enforcement activities?  Here are our thoughts.

The ADA was
Continue Reading How Will A Trump Administration Change The ADA Title III Landscape?

Florida is one of the top states for ADA Title III filings.  As we previously reported, in 2015, California, Florida, New York, Texas, and Arizona had 3,847 ADA Title III lawsuits.  This accounts for 80% of the lawsuits filed nationwide.  Businesses are complaining, and the news media is paying attention.  Miami Local 10 News, an ABC affiliate, reported on
Continue Reading Miami Local 10 News Reports On ADA Title III Drive-By Lawsuits

By Minh N. Vu

Serial ADA Title III lawsuit filer Howard Cohan made local television news last week in a story CBS Action News 47 reported after Mr. Cohan filed 24 new lawsuits against various north Florida hotels.  Seyfarth Shaw’s Title III Team has handled a number of cases filed by Mr. Cohan.  Our search of the federal court docket
Continue Reading Serial ADA Plaintiff Makes Florida News

We love fighting – and winning – ADA Title III cases, especially those brought by serial plaintiffs.  But litigating ADA Title III claims, even in serial plaintiff cases, has its risks.  While there is often a compelling business case for fighting, a recent case out of the Southern District of New York illustrates that there may at times also be
Continue Reading Litigate or Conciliate? Thoroughly Assess Your Title III Lawsuit Before Deciding

By Kristina Launey

Scott Johnson, a prolific pro se serial plaintiff and attorney in California, is now himself a defendant in a suit brought by four former female legal assistants, which contains detailed allegations of sexually harassing conduct by Johnson in violation of California’s Fair Employment and Housing Act.  From an ADA Title III perspective, the complaint is most interesting
Continue Reading Tables Turned: Serial ADA Plaintiff Named Defendant in Sexual Harassment Case