By: Minh N. Vu
Seyfarth Synopsis: A recent case from the U.S. District Court for the Middle District of Florida illustrates how businesses should handle scenarios where service animals present health risks to others with severe allergies.
We all know that public accommodations must allow service animals accompanying individuals with disabilities onto their premises, but what if doing so places
Continue Reading Can Businesses Exclude Service Animals Based on the Allergies of Others?
By: Lotus Cannon and Kristina Launey
Seyfarth Synopsis: Are web-only businesses subject to Title III? A Minnesota federal court joins the controversy and says yes.
Courts around the country are split on the issue of whether a “place of public accommodation” subject to Title III of the Americans with Disabilities Act must have a physical location where it serves the
Continue Reading Minnesota District Court Says Web-Only Businesses Are Subject to Title III of the ADABy Minh N. Vu, Kristina Launey, and Susan Ryan
Seyfarth Synopsis: The two-year decline in ADA Title III filings stopped in 2024, with plaintiffs increasing filings back to 8,800 complaints in 2024.
When we first started tracking ADA Title III lawsuits in 2013, the total for the year was only 2,722. The number climbed steadily to an all-time
Continue Reading ADA Title III Federal Lawsuit Numbers Rebound to 8,800 in 2024
By: Pamela C. Huynh, Minh N. Vu and John W. Egan
Seyfarth Synopsis: Concerned that serial plaintiffs are not actually ensuring that defendants are removing access barriers under their confidential settlement agreements, EDNY Judge Cogan takes charge.
Be careful what you ask for – that’s the adage that a serial plaintiff and her attorney should have considered before asking
Continue Reading Serial Plaintiff Seeking to Enforce a Delinquent Settlement Payment Gets a Sharp Judicial Rebuke from EDNY Federal Judge
By Minh N. Vu
Seyfarth Synopsis: 2024 saw some interesting developments and an uptick in lawsuit filings from 2023; expect less ADA Title III enforcement and rulemaking activity from DOJ in 2025.
The first quarter of this century concluded with yet another busy year for ADA Title III litigation. While we are still finalizing the numbers, 2024 saw a meaningful
Continue Reading Our 2024 ADA Title III Recap and Predictions for 2025By Kristina M. Launey & Minh N. Vu
Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022.
After 2022’s record-setting year for website accessibility lawsuits filed in federal court, the 2023 filings dropped by 14%. The total number of lawsuits filed in federal court alleging that plaintiffs with a disability
Continue Reading Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023
By Kristina Launey and John W. Egan
Seyfarth Synopsis: DOJ issues useful new Guide to help small governmental entities understand the new web and mobile app accessibility requirements under Title II of the ADA.
On May 22, 2024 the Department of Justice (“DOJ”) published a Small Entity Compliance Guide to help people who work for or with state or local
Continue Reading DOJ Issues “Small Entity Compliance Guide” for State and Local Government Web Content and Mobile App Accessibility
By Ashley S. Jenkins and Kristina M. Launey
Seyfarth Synopsis: A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect – is a service animal.
It is a common misconception
Continue Reading Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal
By Minh N. Vu and John Egan
Seyfarth Synopsis: The DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions.
Update: On April 24, 2024, the Final Rule was published in the Federal Register. Under the
Continue Reading DOJ Issues Final Rule Under Title II of the ADA for State and Local Government Websites
By Lotus Cannon and Minh Vu
Seyfarth Synopsis: SDNY Judge Mary Kay Vyskocil dismisses with prejudice a website accessibility lawsuit with vague allegations about plaintiffs’ standing.
The U.S. District Court for the Southern District of New York (SDNY) has been a highly favored venue for serial plaintiffs bringing website accessibility lawsuits for years – at least in part because many
Continue Reading SDNY Judge Gets Tough on Serial Website Plaintiffs