ADA Accessibility Lawsuit

Seyfarth Synopsis: A new Ohio law will require notice and opportunity to cure as a prerequisite for a plaintiff’s recovery of attorney’s fees in physical accessibility lawsuits.

Businesses across the country have been asking Congress to provide some relief from ADA “drive by” and “gotcha” lawsuits about physical access barriers at public accommodations facilities.  Federal efforts to amend the
Continue Reading Ohio Governor Signs Bill Requiring Plaintiffs to Provide Pre-Suit Notice for Physical Access Violations

Seyfarth Synopsis:  2017 saw an unprecedented number of website accessibility lawsuits filed in federal and state courts, and few courts willing to grant early motions to dismiss.

Plaintiffs were very busy in 2017 filing ADA Title III lawsuits alleging that public accommodations’ websites are not accessible to individuals with disabilities. Here is our brief recap of the 2017 website accessibility
Continue Reading 2017 Website Accessibility Lawsuit Recap: A Tough Year for Businesses

By Jon D. Meer

When defendants win in a Title III ADA accessibility case, they are entitled to seek their reasonable attorneys’ fees.  To recover, defendants have to show that the claims were “frivolous, unreasonable or without foundation.”  While most claims that are dismissed on summary judgment would seem to meet this standard, district courts often deny fees to prevailing
Continue Reading Defendants May Have Another Chance at Recovering Attorneys’ Fees for Frivolous ADA Claims