2022

Accessibility computer icon button
Accessibility computer icon button

By Minh N. Vu

Seyfarth Synopsis:  UC Berkeley and the DOJ resolve an 8-year investigation with a comprehensive Consent Decree that requires UC Berkeley to make virtually all the content on its online platforms accessible to people with disabilities within three years and adopt comprehensive policies and procedures to ensure accessible online content.

After eight years, the U.S. Department of…

Continue Reading UC Berkeley Enters Into Consent Decree with DOJ About Its Websites and Other Online Content 
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Judge writing on a document with gavel setting on the table.

By Minh N. Vu

Seyfarth synopsis:  Ninth Circuit judges are getting tougher on lawyers who represent serial plaintiffs by reducing their fees and threatening sanctions for citing outdated law.

In 2021, plaintiffs filed 11,452 federal lawsuits alleging violations of Title III of the Americans with Disabilities Act (ADA). More than half (5,930) of those were filed in California.  While most…

Continue Reading Ninth Circuit Judges Express Displeasure with Serial Plaintiffs and Their Attorneys
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By Minh N. Vu and John W. Egan

Seyfarth Synopsis: The U.S. Access Board published an ANPRM on September 21, 2022 requesting public comment on nine questions as it prepares draft regulations addressing the accessibility of self-service kiosks.

As previewed in the Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions (the “Agenda”) (as we previously covered), the U.S.

Continue Reading U.S. Access Board Issues Advanced Notice of Proposed Rulemaking For Self-Service Kiosks
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By Minh N. Vu

Seyfarth Synopsis:  The California Court of Appeals decision that put an end to lawsuits against online only businesses in California and called out DOJ and Congress for inaction stays put after California Supreme Court denied plaintiff’s review request.

Update: On November 9, 2022, the California Supreme Court denied plaintiff’s request that the Court review the California…
Continue Reading Websites Are Not A Public Accommodation Under the ADA, Says California Court of Appeals; CA Supreme Court Denies Review Petition

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By Kristina Launey and Julia Sarnoff

Seyfarth Synopsis:  The Department of Health and Human Services and Department of Justice recently issued Guidance for telehealth accessibility with specific examples.

During the COVID-19 pandemic, many health care providers and patients turned to telehealth as a way to provide and receive health care services while in lockdown.  Telehealth allows providers to see…
Continue Reading Department of Health and Human Services and Department of Justice Issue Joint Guidance On Accessible Telehealth Services

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Department of Justice logo.

By Kristina Launey and John W. Egan

Seyfarth Synopsis: Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under Title II.

This week the Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and…
Continue Reading Website Accessibility Regulations On The Horizon: DOJ To Start Title II Rulemaking For State and Local Governments Next Year

By Minh Vu, Kristina Launey, and Susan Ryan

The year 2021 was a blockbuster for ADA Title III lawsuits filed in federal court, with over 11,452 filings. At the end of June 2021, the lawsuit count was 6,304. This year, the number of lawsuits filed by the end of June 2022 has dropped to 4,914 – a stunning…
Continue Reading 2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared to 2021

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Judge writing on a document with gavel setting on the table.

By Michael Steinberg

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 plaintiffs to meet in future cases.

The nationwide, corporate-wide class action under Rule 23 has long been a popular tool of…
Continue Reading Numerosity Killed the Class Action: Third Circuit Vacates Certification of Another ADA Title III Class

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By Minh N. Vu

Seyfarth synopsis:  The Spring 2022 Unified Regulatory Agenda is out with rulemakings on medical equipment, EV charging stations and fixed self-service transaction machines on the list of items to be addressed.

We predicted that there would be more regulatory activity in the ADA Title III universe under the Biden Administration and the Spring 2022 Unified Agenda…
Continue Reading Standards for Accessible Medical Diagnostic Equipment, EV Charging Stations, and Self-Service Equipment Are Forthcoming

By Minh N. Vu

Seyfarth Synopsis:  One of the most famous accessibility lawsuits of all time finally settles before trial under terms that may never be known.

After six hard-fought years in litigation at every level of the federal judicial system — including the Supreme Court — the parties in what may be the most famous website accessibility lawsuit of…
Continue Reading Robles v. Domino’s Settles After Six Years of Litigation