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
By Minh N. Vu, Julia Sarnoff, Kristina Launey
Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA.
Before September 3, 2019, there were four substantive California state trial court decisions in website accessibility cases, and the verdict score was tied
Continue Reading California Court Of Appeal’s Midvale Decision Opens The Floodgates For More Website Accessibility Lawsuits
By Minh N. Vu
Seyfarth Synopsis: Serious sanctions imposed on a serial ADA Title III plaintiff and his attorney should concern the plaintiffs’ bar.
People often ask us why plaintiffs are filing hundreds of ADA Title III lawsuits when the law only allows for injunctive relief and attorneys’ fees and costs. In the case of prolific plaintiff Alexander Johnson,
Continue Reading Florida Judge Sanctions Serial ADA Plaintiff Alexander Johnson and Attorney Scott Dinin
By Minh N. Vu
Seyfarth Synopsis: The Supreme Court will decide whether to hear its first website accessibility case now that briefing on Domino’s Petition for Certiorari is complete.
Earlier today, Plaintiff Guillermo Robles filed his opposition to Domino’s request to the U.S. Supreme Court for review of the Ninth Circuit Court of Appeal’s decision to let Robles’s lawsuit against
Continue Reading Plaintiff Robles Files His Opposition To Domino’s Petition For Certiorari
By Minh Vu, Kristina Launey, and Susan Ryan
Seyfarth Synopsis: Data from the first six months of 2019 shows a 12% increase over 2018.
The task of counting the number of ADA Title III lawsuits filed in federal courts grows with the ever-increasing numbers of lawsuits. For the period from January 1, 2019 through June 30, 2019, our
Continue Reading Federal ADA Title III Lawsuit Numbers Continue to Climb In 2019
By Minh N. Vu
Seyfarth Synopsis: Courts in the Fourth Circuit are taking a hard look at a plaintiffs’ standing in website accessibility cases.
In a small but potentially important victory for defendants facing website accessibility lawsuits, the Fourth Circuit has issued two decisions upholding dismissal of lawsuits for lack of standing with a well-reasoned analysis that can be applied
Continue Reading Fourth Circuit Says Inability to Get Information From Website, Without More, Is Not Enough to Establish Standing to Sue
By Minh N. Vu and Kristina M. Launey
Domino’s filed its petition for writ of certiorari with the U.S. Supreme Court today, June 13, 2019, asking the Court to review and overturn the Ninth Circuit’s decision which allowed a website accessibility lawsuit to proceed against Domino’s. Domino’s styled the question presented as “Whether Title III of the ADA requires a
Continue Reading Domino’s Files Petition for US Supreme Court Review of Unfavorable Website Access Decision
By: Kristina M. Launey and Samuel Sverdlov
Seyfarth Synopsis: A SDNY judge dismissed a website accessibility lawsuit finding that the company mooted the allegations in the complaint by remediating the accessibility barriers and that the Court lacked personal jurisdiction since the company does not transact business in New York.
New York federal courts are a hotbed for ADA Title III
Continue Reading SDNY Dismisses Website Accessibility Lawsuit Based on Mootness and Lack of Personal Jurisdiction
Seyfarth Synopsis: Domino’s Likely to File Petition for Certiorari from Ninth Circuit’s Ruling in Robles v. Domino’s.
As we reported, the Ninth Circuit held in January that a blind plaintiff could move forward with his ADA Title III lawsuit against Domino’s Pizza for having an allegedly inaccessible website and mobile app. The court determined that allowing the claim to
Continue Reading Domino’s To Ask Supreme Court To Consider Whether ADA Website/Mobile App Accessibility Lawsuits Violate Due Process
As we had predicted, the number of website accessibility lawsuits (i.e. lawsuits alleging that plaintiffs with a disability could not use websites because they were not coded to work with assistive technologies like screen readers, or otherwise accessible to them) filed in federal court under Title III of the ADA exploded in 2018 to at least 2258 – increasing
Continue Reading Number Of Federal Website Accessibility Lawsuits Nearly Triple, Exceeding 2250 In 2018