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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

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By Minh Vu

Seyfarth synopsis:  Winn-Dixie has asked the Eleventh Circuit to recall its decision to dismiss the appeal and underlying lawsuit as moot and that the decision be reconsidered by a full panel of Eleventh Circuit judges.

A few weeks ago we reported on the Eleventh Circuit’s decision to dismiss as moot the appeal filed by Winn-Dixie challenging a…
Continue Reading Gil v. Winn-Dixie: It’s Not Over Yet

By Julia N. Sarnoff and John W. Egan

Seyfarth Synopsis:  A massive surge in website accessibility lawsuits filed in the Southern District of New York suggests some holiday forum shopping by the plaintiffs-side bar.

The Seyfarth ADA Title III Team wishes all of our readers a very happy holiday season!

As many of you already know, our Team monitors…
Continue Reading Forum Shopping For a Website Lawsuit Over the Holidays? Look No Further than the SDNY.

By Minh Vu and John Egan

Seyfarth Synopsis: Three businesses prevail in website accessibility lawsuits in New York and California. 

Defending website accessibility lawsuits can be an expensive and difficult battle for public accommodations, but there have been a few bright spots for businesses this summer.

1.     On July 14, 2021, Judge Brian Cogan of the United States District Court…
Continue Reading Businesses Score a Few Recent Wins in Website Accessibility Lawsuits

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By Minh N. Vu

Seyfarth Synopsis: California federal trial court grants summary judgment for plaintiff, finding Domino’s violated the ADA by having a website that is inaccessible to the blind and orders Domino’s bring its website into compliance with the WCAG 2.0 guidelines.

Five years after the lawsuit was first filed, federal district court judge Jesus Bernal ruled on June…
Continue Reading Court finds Domino’s Pizza Violated the ADA by Having an Inaccessible Website and Orders WCAG Compliance

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By Kristina Launey

Seyfarth Synopsis: A recent order from the Eleventh Circuit signals that the court is seriously considering a rehearing in Gil v. Winn-Dixie.

As previously reported, the Eleventh Circuit made waves recently overturning a 2018 Florida federal court’s trial verdict ruling that Winn Dixie’s inaccessible website violated the ADA. On April 15, the plaintiff filed a Petition…
Continue Reading Winn Dixie Saga Continues: Eleventh Circuit Actively Considering Rehearing Request

By Kristina M. Launey & Minh N. Vu

Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2020 jumped a surprising 12% over 2019, in spite of a mid-year pandemic dip in filings.

The numbers are in for total website accessibility lawsuit filings in federal courts in 2020, and to our surprise they show a…
Continue Reading Federal Website Accessibility Lawsuits Increased in 2020 Despite Mid-Year Pandemic Lull

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By Minh N. Vu

Seyfarth Synopsis:  The Eleventh Circuit’s much-anticipated decision in Gil v. Winn Dixie sets a higher bar for plaintiffs in website accessibility lawsuits and creates a conflict among judicial circuits that could result in Supreme Court review; Gil promptly filed a Petition for Rehearing en banc.

After two and a half years of deliberation, the Court of…
Continue Reading Eleventh Circuit Says Winn Dixie’s Inaccessible Website Does Not Violate The ADA

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By Minh N. Vu

Seyfarth synopsis:  California District Judges are not convinced that hotel reservations websites have to provide detailed accessibility information.

As we reported last month, a plaintiff’s firm in California that calls itself the Center for Disability Access has filed on behalf of fewer than 10 plaintiffs nearly 500 lawsuits against hotels in California claiming that the…
Continue Reading CA Reservations Website Litigation Update: More Cases Dismissed and Three Appeals Filed