By Minh N. Vu and John W. Egan
Seyfarth Synopsis: SCOTUS asked revealing questions in yesterday’s Acheson v. Laufer oral argument, but left attendees wondering whether the Court will provide much-needed guidance on the so-called “tester standing” issue for which it granted certiorari.
The U.S. Supreme Court (SCOTUS) heard oral argument yesterday in a case arising under Title III of
Continue Reading SCOTUS Hears Oral Argument in Acheson v. Laufer
Seyfarth Synopsis: AB 1757, which would set a standard for website accessibility for businesses in California, has been held in the Legislature to resume discussion in 2024.
While Southern California and Burning Man revelers were hit with unprecedented severe storms in August, the California Legislature has given businesses at least a temporary reprieve from legislation that
Continue Reading California Assembly Bill on Website Accessibility Downgraded from Potential Lawsuit Tsunami to 2024 Weather WatchSynopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing.
As we reported several weeks ago, serial plaintiff Deborah Laufer tried to evade the U.S. Supreme Court’s (SCOTUS) consideration of a very important legal issue —the standing of
Continue Reading SCOTUS Refuses to Dismiss Acheson Hotels v. Laufer Case Before Oral Argument Set For October 4
Seyfarth Synopsis: Department of Justice (DOJ) issues proposed website accessibility regulations applicable to state and local governments under Title II of the ADA.
Almost precisely a year after the Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under
Continue Reading Hot off the Presses: DOJ Issues Proposed ADA Regulations For State and Local Government Websites
By Kristina M. Launey & Minh N. Vu
Seyfarth Synopsis: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and website developers.
In a classic gut and amend move mid-way through the Legislative Session, on June
Continue Reading New California Assembly Bill on Website Accessibility Could Result in a Lawsuit Tsunami
By John W. Egan and Minh N. Vu
Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing.
While federal New York courts (particularly the Southern District) have historically been a friendly jurisdiction for ADA website plaintiffs, there have been
Continue Reading Plaintiff-Friendly New York Courts Change Course in Three Recent Decisions in Website Accessibility Cases
By John W. Egan, Dov Kesselman, and Ashley S. Jenkins
A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement activities under Title III of the Americans with Disabilities Act (ADA) and Section
Continue Reading OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible
By John W. Egan and Ashley S. Jenkins
Seyfarth Synopsis: New Kansas law will allow resident businesses to sue ADA website plaintiffs and their counsel over “abusive” litigation to recover defense fees and potentially punitive damages.
The Kansas legislature recently passed The Act Against Abusive Website Access Litigation that, starting on July 1, 2023, will allow Kansas businesses to sue
Continue Reading New Kansas Website Accessibility Law Provides Local Businesses With A Litigation Sword
By Minh N. Vu
Seyfarth synopsis: A New York federal judge invokes the All Writs Act to dismiss a later-filed website accessibility lawsuit against the same defendant to protect the integrity of an existing consent decree that already requires the defendant to make its website accessible.
Businesses that are sued under Title III of the ADA for allegedly having a
Continue Reading A Consent Decree Can Provide Some Protection Against Future Website Accessibility Lawsuits
By Lotus Cannon and Minh Vu
Seyfarth synopsis: Leading the country with 3,173 federal ADA Title III lawsuits in 2022, plaintiff-friendly court decisions will likely keep New York in the top spot.
It is no surprise that New York has become the nation’s leader in ADA Title III and website accessibility litigation, bypassing California by a substantial margin in
Continue Reading New York Continues to Be a Friendly Venue for ADA Title III Plaintiffs