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

By Minh N. Vu, Kristina Launey, and Susan Ryan

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.  

In the first six months of 2020, 4,759 ADA Title III lawsuits were filed in federal court, as
Continue Reading Federal ADA Title III Lawsuit Numbers Drop 15% for the First Half of 2020 But a Strong Rebound Is Likely

By Minh N. Vu

Seyfarth Synopsis:  California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites.

The U.S. Court Appeals for the Ninth Circuit has longstanding precedent that only businesses with a brick and mortar location that customers can physically visit are “public accommodations” covered by Title III of the Americans with Disabilities
Continue Reading A Second California State Court Judge Says the ADA Covers Online-Only Businesses

By John W. Egan

Seyfarth Synopsis: A new law in Florida takes aim at fraudulent requests for emotional support animals in housing by requiring that residents do more than provide online animal “registrations” or certificates, mandates that health care providers have personal knowledge of their patients’ disabilities and related needs before supporting these requests under threat of professional discipline, and
Continue Reading Florida Enacts Law To Combat Emotional Support Animal Fraud in Housing

Seyfarth Synopsis: The ADA Title III team launches the final installment of its 3-part video series containing 30 tips for businesses on how to better serve individuals with disabilities. This final segment addresses how to effectively and appropriately communicate with individuals with disabilities.

We are two days away from the 30th Anniversary of the ADA.  What better way to
Continue Reading Seyfarth Team Launches Part 3 of its ADA 30: 30 Tips for 30 Years Video Series

Seyfarth Synopsis: The ADA Title III team launches the second installment of its 3-part video series containing 30 tips for businesses on how to better serve individuals with disabilities. This video covers reasonable modifications to normal policies, practices and procedures.

Take a look at Part 2 of our video series!

If you enjoyed Part 1 of ADA 30:  30 Tips
Continue Reading Seyfarth Team Launches Part 2 of its ADA 30: 30 Tips for 30 Years Video Series

Seyfarth Synopsis: The ADA Title III team makes a 3-part video series containing 30 tips for businesses on how to better serve individuals with disabilities.

July 26, 2020, is the 30th anniversary of the Americans with Disabilities Act.  To mark this important occasion, attorneys from Seyfarth’s ADA Title III Team put on their best work-from-home shelter-in-place attire to create a
Continue Reading ADA 30: 30 Tips for 30 Years – Seyfarth Marks the ADA’s Anniversary with a 3-Part Video Series