By Kristina M. Launey & Minh N. Vu

Seyfarth SynopsisADA Title III website accessibility lawsuits filed in federal courts in 2020 jumped a surprising 12% over 2019, in spite of a mid-year pandemic dip in filings.

The numbers are in for total website accessibility lawsuit filings in federal courts in 2020, and to our surprise they show a
Continue Reading Federal Website Accessibility Lawsuits Increased in 2020 Despite Mid-Year Pandemic Lull

By Minh N. Vu

Seyfarth Synopsis:  The Eleventh Circuit’s much-anticipated decision in Gil v. Winn Dixie sets a higher bar for plaintiffs in website accessibility lawsuits and creates a conflict among judicial circuits that could result in Supreme Court review; Gil promptly filed a Petition for Rehearing en banc.

After two and a half years of deliberation, the Court of
Continue Reading Eleventh Circuit Says Winn Dixie’s Inaccessible Website Does Not Violate The ADA

Seyfarth Synopsis: Congressmen Budd, Hudson, and Correa reintroduce the Online Accessibility Act which would govern the application of the ADA to websites and mobile applications.

By Kristina M. Launey

On February 18, 2021, U.S. Representatives Ted Budd (R-NC), Richard Hudson (R-NC), and Lou Correa (D-CA) re-introduced the Online Accessibility Act in Congress as H.R. 1100. The bill would codify the
Continue Reading Renewed Attempt at ADA Web Accessibility Legislation

By Minh N. Vu

Seyfarth synopsis:  California District Judges are not convinced that hotel reservations websites have to provide detailed accessibility information.

As we reported last month, a plaintiff’s firm in California that calls itself the Center for Disability Access has filed on behalf of fewer than 10 plaintiffs nearly 500 lawsuits against hotels in California claiming that the
Continue Reading CA Reservations Website Litigation Update: More Cases Dismissed and Three Appeals Filed

By Minh Vu, Kristina Launey, and Susan Ryan

Seyfarth Synopsis: ADA Title III lawsuits filed in 2020 fell slightly from last year’s high, but still topped 10,000 for the second time since we started tracking these lawsuits in 2013.

Maybe it was adjusting to working from home, overseeing children during the work day, or just the shock
Continue Reading The Pandemic Slowed 2020 Federal ADA Title III Filings But 2021 May Be a Record Breaker

By Eden Anderson

Seyfarth Synopsis: Ninth Circuit concludes in trilogy of disability access cases that complaints must specifically allege unlawful conditions.

Over the years, ADA Title III complaints filed by the plaintiff’s bar have gotten progressively more vague with respect to the barriers alleged.  This is no coincidence: Some have stated outright that they keep those allegations vague so businesses
Continue Reading Ninth Circuit Makes Clear In Trilogy of Decisions That Disability Access Complaints Without Specific Barrier Allegations Will Be Dismissed

By Minh N. Vu

Seyfarth synopsis:  A federal judge dismisses the first two of hundreds of pending lawsuits filed against hotels for allegedly not providing enough accessibility information on their reservations websites.

Last fall, a prolific plaintiff’s firm in California began filing lawsuits against hundreds of hotels in California on behalf of seven plaintiffs.  The plaintiffs alleged that the information
Continue Reading Two Hotels Secure Dismissals of Hotel Reservations Website Lawsuits Brought by California Serial Plaintiffs’ Firm

By Minh N. Vu and Kristina Launey

Seyfarth Synopsis: We predict 2021 will be a very busy year for ADA Title III lawsuits.  Here is our take on the types of cases public accommodations can expect to face.

2020 was, by all accounts, an unusual year.  The year began with some prolific plaintiffs’ attorneys turning their attention from website accessibility
Continue Reading Crystal Ball 2021: Our Predictions for the ADA Title III Legal Landscape

By Minh N. Vu and Kristina M. Launey

Seyfarth Synopsis: A Biden Administration DOJ will likely bring higher engagement and more aggressive enforcement on ADA Title III issues.

While the current administration may still be unwilling to concede the election, it appears there will indeed be a new administration in charge at the Department of Justice (DOJ) come January 20,
Continue Reading How Will DOJ Enforce Title III of the ADA in a Biden Administration?

By Myra Villamor, Minh Vu, and Kristina Launey

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 the architectural barrier at issue does not exceed the benefits under the circumstances.”

Under the Americans with
Continue Reading Ninth Circuit Announces Legal Framework for Readily Achievable Barrier Removal Claims Under ADA