By Craig B. Simonsen and Kristina M. Launey

This blog, as the “ADA Title III” name indicates, is primarily about a business’s obligation to individuals with disabilities who may access its goods, services, benefits, and accommodations, rather than employees with disabilities.  However, we also frequently receive questions from entities that are subject to Title III about their obligations to provide
Continue Reading Office of Disability Employment Policy Publishes Web Portal on Accessible Workplace Technology

The Wall Street Journal last week published two stories about Title III of the ADA after obtaining insights from various sources, including our ADA Title III Team leader, Minh Vu.  The story concerning the surge in ADA Title III lawsuits cited to Seyfarth’s labor intensive research which we reported earlier this year. The companion story about the anticipated
Continue Reading Seyfarth's ADA Title III Lawsuit Data and Team Leader Appear in the Wall Street Journal

By Minh N. Vu and Kristina M. Launey

Although “drive-by” ADA Title III lawsuits alleging physically inaccessible public accommodations facilities will continue to be a mainstay for the plaintiff’s bar, a new type of lawsuit has recently emerged:  The “surf-by” lawsuit.  In the past month, we have seen an onslaught of case filings and demand letters threatening lawsuits from private
Continue Reading Businesses Nationwide Hit By Wave of Lawsuits Alleging Inaccessible Websites

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

By Kristina M. Launey and Minh N. Vu

If you follow our blog, you know that, even though the Department of Justice has issued no formal regulations yet setting a web accessibility standard, private plaintiffs, the DOJ, and advocacy groups have become increasingly active in pursuing legal action on the position that the ADA and Rehabilitation Act require accessible websites. 
Continue Reading Practice What You Preach: Federal Agency Hit With Class Action Web Access Suit