Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the record is much more developed.
No court has yet decided whether a public accommodation can comply with Title III of the ADA’s equal access mandate
Continue Reading Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More
Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses remain well-advised to seek advice from counsel experienced in website accessibility to manage risk.
Different year, same news: Website accessibility lawsuits show no signs of slowing down. In fact, with the DOJ’s recent placement of website
Continue Reading Website Accessibility Lawsuit Filings Still Going Strong
Seyfarth Synopsis: Two New York federal judges recently said that the ADA covers websites (even those not connected to a physical place) and one held that working on improving the accessibility of one’s website does not make the ADA claim moot.
The number of district court judges siding with plaintiffs in website accessibility cases is increasing. On June 13, a
Continue Reading Two New York Federal Judges Refuse to Dismiss Website Accessibility Cases
Seyfarth Synopsis: A federal judge in the Central District of California has allowed a blind plaintiff to continue his lawsuit about the accessibility of a public accommodation’s website under Title III of the ADA, despite the diametrically opposite views of his Central District colleague.
Within a week after a Florida federal judge handed down a trial verdict finding that Winn
Continue Reading Plaintiffs Score Another Victory in a Website Accessibility Lawsuit
Seyfarth Synopsis: Two recent decisions by federal judges to dismiss website accessibility lawsuits may cause more public accommodations to fight instead of settle these suits, but businesses must continue to weigh many factors before making that decision.
The litigation tide might be turning for public accommodations choosing to fight lawsuits brought by blind individuals claiming that the businesses’ websites
Continue Reading Public Accommodations are Starting to Win Website Accessibility Lawsuits
Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge, fueled by new plaintiffs, new plaintiffs’ lawyers, and website accessibility claims.
Our 2016 lawsuit count is complete, and the results no less remarkable than prior years. In 2016, 6,601 ADA Title III lawsuits were filed in federal court — 1,812 more than in 2015. This 37 percent
Continue Reading ADA Title III Lawsuits Increase by 37 Percent in 2016
In honor of the 26th anniversary of the ADA, we are sharing our mid-year count of ADA Title III lawsuits for 2016 and it’s newsworthy: The number of lawsuits filed in federal court is already at 3,435, up 63% from last year’s mid-year number of 2,114. If the pace continues, the 2016 total may top 7,000. To put the numbers
Continue Reading ADA Title III Lawsuits Up 63% From 2015
Florida is one of the top states for ADA Title III filings. As we previously reported, in 2015, California, Florida, New York, Texas, and Arizona had 3,847 ADA Title III lawsuits. This accounts for 80% of the lawsuits filed nationwide. Businesses are complaining, and the news media is paying attention. Miami Local 10 News, an ABC affiliate, reported on
Continue Reading Miami Local 10 News Reports On ADA Title III Drive-By Lawsuits
Our research department has crunched the numbers from the federal court docket and the verdict is that the ADA Title III plaintiff’s bar and their clients are still busy filing lawsuits. Here are the findings:
Continue Reading ADA Title III Lawsuits Continue to Rise: 8% Increase in 2015
We’ve done the review and crunched the numbers: It appears that the surge of ADA Title III lawsuits we saw from 2013 to 2014 is holding strong, though possibly leveling off.
You may recall that there was a 60% increase in the number of ADA Title III lawsuits between 2013 and 2014 (2479 vs. 4436). In the first six months
Continue Reading ADA Title III Lawsuit Numbers Hold Steady for First Half of 2015