By Minh Vu and Michael Steinberg
Seyfarth Synopsis: In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards.
It has been a gloomy month for businesses that (ordinarily) open their doors to the public, but there was a small bright
Continue Reading Businesses Get Early Victory in Lawsuit Demanding Braille Gift Cards
By Minh Vu
Seyfarth Synopsis: Miniature horses trained to perform work or tasks for a person with a disability must be allowed in public accommodations in most instances.
The news is not particularly uplifting these days, so we thought our readers would enjoy seeing clips of former California Governor Arnold Schwarzenegger’s miniature horse, Whisky (the clips also features Lulu, his
Continue Reading Mini Horses Can Be “De Facto” Service Animals Too (Plus They Are Really Cute)
By Minh Vu, Kristina Launey and Susan Ryan
Seyfarth Synopsis: The ADA Title III federal lawsuit numbers in 2019 topped 11,000 for another all-time record.
Plaintiffs filed at least 11,053 ADA Title III lawsuits in federal court in 2019 — 890 (or 8.8%) more than in 2018. This is the highest number since we started tracking these lawsuits
Continue Reading 2019 Was Another Record-Breaking Year for Federal ADA Title III Lawsuits
By: Minh N. Vu and Samuel Sverdlov
Seyfarth Synopsis: Purveyors of porn are being sued for offering online videos without closed captioning.
We really can’t make this stuff up. Lawsuits by deaf plaintiffs against public accommodations for failing to provide closed captioning for videos on their websites are not uncommon. But last week, a deaf man sued three porn websites
Continue Reading Deaf Man Demands Closed Captioning for Porn Videos in Federal Lawsuit
By Minh N. Vu
Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider.
We are still tallying up the end-of-year numbers, but the number of ADA Title III lawsuits filed in federal courts by the end of November 2019 (10,206) exceeded
Continue Reading ADA Title III Litigation: A 2019 Review and Hot Trends for 2020
By Minh N. Vu and John W. Egan
Seyfarth Synopsis: Enterprising plaintiffs in New York are suing more than 100 businesses under a new theory – – that ADA Title III requires Braille gift cards.
Between Thursday, October 24 and as recently as last Friday, over 100 putative class action lawsuits (and counting) have been filed against businesses for violations
Continue Reading New York Federal Dockets Flooded With Cases Alleging That Failing To Provide A Gift Card With Braille Violates The ADA
By Kristina M. Launey and Minh N. Vu
Seyfarth Synopsis: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018. Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s Order in Robles v. Domino’s?
As of June 30, 2019, we counted 1204 website
Continue Reading Federal Website Access Lawsuit Numbers Increase 7 Percent in 2019, With Possible Bump from Supreme Court Denial of Cert in Domino’s
By Minh N. Vu
Seyfarth Synopsis: The Supreme Court Leaves the Ninth Circuit’s Robles v. Domino’s decision intact, dashing businesses’ hope for some relief from website accessibility lawsuits.
The Supreme Court today issued its much anticipated decision on Domino’s Pizza’s Petition for Certiorari in the Robles v. Domino’s website accessibility case, and it is not good news for businesses. The
Continue Reading Supreme Court Declines to Review Ninth Circuit Decision in Robles v. Domino’s, Exposing Businesses to More Website Accessibility Lawsuits
By John W. Egan
Seyfarth Synopsis: Businesses are defending record numbers of ADA Title III cases every year. A recent decision in New York underscores the challenges business face when ADA plaintiffs are more interested in protracted litigation than settlement.
The number of ADA Title III lawsuits filed annually has increased more than 300 percent in the last five years.
Continue Reading New York Judge Criticizes Plaintiff’s ADA Firm For Refusing to Discuss Early Settlement and Engaging in Fee-Churning Litigation Tactics
By Kevin Fritz and Latoya Liang
Seyfarth Synopsis: In a recent decision, the Seventh Circuit agreed with the Fourth Circuit in holding that a plaintiff who is legally barred from using a credit union’s services cannot demonstrate an injury in fact that can support standing to sue.
The plaintiff in Carello v. Aurora Policeman Credit Union, a blind man,
Continue Reading The Seventh Circuit Holds “Indignation” Is Not an Injury-In-Fact