Seyfarth Synopsis: Fewer online videos from UC Berkeley will be available to the public as a result of a DOJ demand that the videos have closed captioning.
Starting March 15, 2017, more than 20,000 videos of classroom lectures and podcasts on UC Berkeley’s YouTube and iTunes channels will no longer be available for public viewing, according to a recent statement
Continue Reading UC Berkeley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand
Seyfarth Synopsis: A state court has granted the Arizona Attorney General’s Motion To Dismiss approximately 1,700 Arizona access lawsuits on grounds that the organizational and individual plaintiffs lacked standing to sue.
As we previously reported here, the Arizona Attorney General responded to a surge of approximately 1,700 access suits filed in that state’s courts by moving to consolidate, to
Continue Reading Arizona Attorney General Secures Dismissal of 1,700 Lawsuits By Serial Plaintiffs
Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II and Section 504 on behalf of IDEA eligible students to proceed directly to court without implementation of IDEA’s administrative processes before litigation is commenced.
Continue Reading Supreme Court Rules Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA’s Administrative Processes In Certain Circumstances
Seyfarth Synopsis: With the recent proliferation of web accessibility demand letters and lawsuits, businesses often ask whether settling a claim with one plaintiff will bar future lawsuits brought by different plaintiffs. One federal judge recently said no.
Plaintiffs Rachel Gniewskowski, R. David New, and Access Now, Inc.—represented by Carlson, Lynch, Kilpela & Sweet—sued retailer Party City in the Western District
Continue Reading Court Says Settlement Agreement Does Not Bar Later Website Accessibility Lawsuit by a Different Plaintiff
Seyfarth synopsis: A Florida Judge Holds that SeaWorld’s website is not a place of public accommodation covered by Title III of the ADA but the decision has its limits.
Defendants fighting website accessibility lawsuits in the past several years have not had a great deal of success, so the recent decision by Florida federal Magistrate Judge Carol Mirando holding that
Continue Reading Florida Federal Court Holds That a Website is Not a Place of Public Accommodation
Seyfarth Synopsis: New website and mobile app accessibility settlement agreement requires WCAG 2.0 AA conformance, training, and feedback mechanism.
Being named one of the most innovative companies of 2016 doesn’t make one immune from a website and mobile app accessibility lawsuit. Capping 2016’s banner accessibility lawsuit count, including record website accessibility lawsuit numbers, on which we reported yesterday, was an
Continue Reading Innovative Salad Restaurant Agrees to Make Website and Mobile App Accessible
Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge, fueled by new plaintiffs, new plaintiffs’ lawyers, and website accessibility claims.
Our 2016 lawsuit count is complete, and the results no less remarkable than prior years. In 2016, 6,601 ADA Title III lawsuits were filed in federal court — 1,812 more than in 2015. This 37 percent
Continue Reading ADA Title III Lawsuits Increase by 37 Percent in 2016
Seyfarth Synopsis: A disability advocacy group behind approximately 1,700 Arizona access lawsuits breaks new ground by filing suit against the Arizona Attorney General, in an unusual counter-attack to the AG’s motion to dismiss those cases for lack of standing.
As we previously reported here, the Arizona Attorney General (“AG”) responded to a surge of access suits filed in that
Continue Reading Battle Between Arizona Attorney General And Serial Lawsuit Filer Heats Up
Seyfarth Synopsis: Fighting a web accessibility lawsuit could invite DOJ’s intervention, as did a Florida retailer’s recent Motion for Judgment on the Pleadings.
Fighting a website accessibility lawsuit is very tempting to many frustrated businesses, but can be a risky decision. One such risk – Department of Justice intervention in the lawsuit – came to fruition for one such business
Continue Reading A Cautionary Tale: DOJ Intervenes in Another Web Accessibility Lawsuit
Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses should seek advice now on how to manage risk in this chaotic environment.
As we predicted, website accessibility lawsuits and threatened claims have become big business for the plaintiffs’ bar. More law firms are filing lawsuits
Continue Reading Federal Website Lawsuits Spike; Community Banks Get Demand Letters*