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
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
By Kristina M. Launey & Minh N. Vu
Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2021 jumped 14% over 2020, besting the 12% 2020 increase aided by a huge November 2021 spike in filings.
The numbers are in for total website accessibility lawsuit filings in federal courts in 2021, and they show a
Continue Reading Federal Website Accessibility Lawsuits Increased in 2021 Despite Mid-Year Pandemic Lull
By Minh N. Vu
Seyfarth synopsis: The DOJ issued a new guidance on website accessibility that contains basic information about the ADA’s requirements for lay people but no new information for legal practitioners.
We can only speculate as to whether it was a response to the recent demand of 181 disability advocacy groups for regulations on website accessibility, but this
Continue Reading The DOJ’s New Guidance Says Website Accessibility is an Enforcement Priority but Provides No New Legal Insights
By Kristina M. Launey and Minh Vu
Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; meanwhile disability rights advocates demand regulatory action from DOJ on accessible websites.
On March 2, 2022, the Eleventh Circuit Court of Appeals denied Winn-Dixie’s request that the full panel
Continue Reading As the Winn-Dixie Saga Finally Concludes in Florida, 181 Advocacy Groups Urge DOJ to Issue Website Accessibility Regulations
By Minh Vu, Kristina Launey and Susan Ryan
Seyfarth Synopsis: Plaintiffs continue filing ADA Title III lawsuits in record numbers with no sign of stopping.
As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020 dipped slightly under 11,000, but the plaintiffs’ bar came roaring back in 2021. There
Continue Reading ADA Title III Federal Lawsuit Filings Hit An All Time High