Synopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing.
As we reported several weeks ago, serial plaintiff Deborah Laufer tried to evade the U.S. Supreme Court’s (SCOTUS) consideration of a very important legal issue —the standing of
Continue Reading SCOTUS Refuses to Dismiss Acheson Hotels v. Laufer Case Before Oral Argument Set For October 4
Seyfarth Synopsis: Department of Justice (DOJ) issues proposed website accessibility regulations applicable to state and local governments under Title II of the ADA.
Almost precisely a year after the Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under
Continue Reading Hot off the Presses: DOJ Issues Proposed ADA Regulations For State and Local Government WebsitesSeyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda.
Lawsuit Numbers. Last January, we predicted that roughly the same number of ADA Title III lawsuits would be filed in federal court in 2022 as in 2021, but halfway through 2022 it
Continue Reading ADA Title III Crystal Ball: What’s Ahead for 2023?Seyfarth Synopsis: A recently-filed lawsuit contains a lengthy critical report by a digital accessibility consultant of accessibility issues created by an accessibility widget.
Amidst the thousands of lawsuits filed over the past few years alleging business’ websites and mobile apps are not accessible to blind individuals, businesses have scrambled to find ways to make their websites and apps accessible. Often
Continue Reading Criticisms of “Quick-Fix” Website Accessibility Products Highlighted in New Lawsuit
Seyfarth Synopsis: The Ninth Circuit holds that the ADA does not require a 36 inch length of clear sales counter space when the entire counter provided for all customers is at an accessible height.
When a business provides only one sales counter for all customers to use and that entire counter is at an accessible height of 36 inches or
Continue Reading Ninth Circuit Rejects Serial Plaintiffs’ Lawsuits About the ADA’s Accessible Sales Counter Requirements
Seyfarth Synopsis: Domino’s Likely to File Petition for Certiorari from Ninth Circuit’s Ruling in Robles v. Domino’s.
As we reported, the Ninth Circuit held in January that a blind plaintiff could move forward with his ADA Title III lawsuit against Domino’s Pizza for having an allegedly inaccessible website and mobile app. The court determined that allowing the claim to
Continue Reading Domino’s To Ask Supreme Court To Consider Whether ADA Website/Mobile App Accessibility Lawsuits Violate Due Process
Seyfarth Synopsis: DOJ provides guidance on sales/service counter rules in the 2010 Standards that provides some relief to businesses.
Retailers and other businesses should be pleased with the DOJ’s pronouncement on February 25, 2019, that they can lawfully provide sales/service counter space that is less than 36” long, as long as the entire space is at an accessible height of
Continue Reading Justice Department: Businesses Can Provide Less Than 36″ Of Clear Sales/Service Counter Space If Counter Is At An Accessible Height
As we had predicted, the number of website accessibility lawsuits (i.e. lawsuits alleging that plaintiffs with a disability could not use websites because they were not coded to work with assistive technologies like screen readers, or otherwise accessible to them) filed in federal court under Title III of the ADA exploded in 2018 to at least 2258 – increasing
Continue Reading Number Of Federal Website Accessibility Lawsuits Nearly Triple, Exceeding 2250 In 2018
The number of ADA Title III lawsuits filed in federal court in 2018 hit a record high of 10,163 – up 34% from 2017 when the number was a mere 7,663. This is by far the highest number of annual filings since we started tracking these numbers in 2013, when the number of federal filings was only 2,722. In other
Continue Reading Number of ADA Title III Lawsuits Filed in 2018 Tops 10,000
Seyfarth Synopsis: Ninth Circuit overturns district court’s dismissal of website accessibility lawsuit on due process and primary jurisdiction grounds, remands case to proceed with discovery.
On January 15, 2019, the Ninth Circuit Court of Appeals issued the fifth federal appeals court ruling on the issue of website accessibility, and there is no doubt that it is a victory for plaintiffs
Continue Reading Ninth Circuit Allows the Robles v. Domino’s Website and Mobile App Accessibility Lawsuit to Move Forward