By: John W. Egan and Minh N. Vu
Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause forum-shopping serial plaintiffs and their counsel to shift to state court.
The Chief Judge Laura
Continue Reading SDNY Chief Judge to ADA Plaintiff: Court Closed for Business to Online-Only ADA Web Cases
By Minh N. Vu and John W. Egan
Seyfarth synopsis: Public accommodations planning to add EV charging stations to their properties should take note of these proposed guidelines and file comments by November 4, 2024.
Recognizing that more and more retailers, shopping malls, lodging facilities, gas stations, and restaurants are providing EV charging stations (“EVCS”) for customer use on their
Continue Reading U.S. Access Board Issues Proposed Rule for Accessible Electric Vehicle Charging StationsBy Minh Vu, Kristina Launey and Susan Ryan
Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.”
ADA Title III filings have decreased each year since 2022. 2024 changes the narrative with an uptick in filings, albeit a small one.
Continue Reading 2024 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Rebound (A Little)POSTED IN ADA TITLE III, TITLE III ACCESS
By the Seyfarth ADA Title III Specialty Team
Seyfarth Synopsis: In honor of today’s 34th anniversary of the passage of the ADA, Seyfarth’s ADA Title III Specialty Team re-shares our videos illustrating 30 tips for how to provide great service to people with disabilities.
Celebrate the 34th Anniversary of
Continue Reading Commemorating the ADA’s 34th Birthday with our 30 Tips on How to Better Serve Customers with DisabilitiesBy Kristina M. Launey & Minh N. Vu
Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022.
After 2022’s record-setting year for website accessibility lawsuits filed in federal court, the 2023 filings dropped by 14%. The total number of lawsuits filed in federal court alleging that plaintiffs with a disability
Continue Reading Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023
By Ashley S. Jenkins and Kristina M. Launey
Seyfarth Synopsis: A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect – is a service animal.
It is a common misconception
Continue Reading Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal
By Minh N. Vu and John Egan
Seyfarth Synopsis: The DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions.
Update: On April 24, 2024, the Final Rule was published in the Federal Register. Under the
Continue Reading DOJ Issues Final Rule Under Title II of the ADA for State and Local Government Websites
By Lotus Cannon and Minh Vu
Seyfarth Synopsis: SDNY Judge Mary Kay Vyskocil dismisses with prejudice a website accessibility lawsuit with vague allegations about plaintiffs’ standing.
The U.S. District Court for the Southern District of New York (SDNY) has been a highly favored venue for serial plaintiffs bringing website accessibility lawsuits for years – at least in part because many
Continue Reading SDNY Judge Gets Tough on Serial Website Plaintiffs
By Kristina Launey and Ashley Jenkins
Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind.
On February 8, 2024, the U.S. Court of Appeals for the Ninth Circuit approved a federal trial court’s certification of two classes of plaintiffs to proceed against LabCorp regarding the alleged
Continue Reading Ninth Circuit Green Lights Kiosk Accessibility Class Action
By Minh N. Vu & Lotus Cannon
Seyfarth Synopsis: Federal court in New York reaffirms that reading information aloud to customers who are blind or low vision is still an acceptable auxiliary aid or service and retailers do not have to offer accessible goods.
On January 30, 2024, U.S. District Judge Rachel Kovner of the Eastern District of New York
Continue Reading Federal NY Court Says Retailers Are Not Required to Have Digital Labels on Products