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getting tougher on lawyers who represent serial plaintiffs by reducing their fees and threatening sanctions for citing outdated law.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

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

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

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

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

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

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

By John W. Egan and Minh N. Vu

Seyfarth Synopsis: Second Circuit issues scathing decision directed at “mad lib”-style serial ADA Title III complaints, and affirms-on the basis of standing-the dismissal of four lawsuits alleging that retailers violated the ADA by not providing gift cards containing Braille.

As we previously reported, from the end of 2019 through the first
Continue Reading Second Circuit Blasts Mass-Produced, “Mad-Libs-Style” ADA Title III Complaints and Affirms Dismissal of Four Braille Gift Card Lawsuits

By Minh N. Vu

Seyfarth Synopsis:  A recent Second Circuit decision holds that a plaintiff’s encounter with an alleged legal violation on a website, without more, does not give that plaintiff standing to sue under Title III of the ADA.

New York federal courts have been inundated with website accessibility lawsuits in recent years and continued to lead the country
Continue Reading Bringing Website Accessibility Lawsuits in New York Just Got a Little Harder for Repeat Plaintiffs