Physical Access Barriers

By Eden Anderson

Seyfarth Synopsis: A federal judge precluded the plaintiff from multiplying his statutory damages under the Unruh Act by his alleged number of visits to the defendant’s business.

California’s Unruh Civil Rights Act (“Unruh Act”) provides for the recovery of the greater of actual damages or $4,000 in statutory damages for “each particular occasion” of access denial.  (Civil
Continue Reading Federal Judge Rejects Plaintiff’s Attempt to Inflate Unruh Act Statutory Damages by Making Multiple Visits to Business

By Eden Anderson

Seyfarth Synopsis: Ninth Circuit concludes in trilogy of disability access cases that complaints must specifically allege unlawful conditions.

Over the years, ADA Title III complaints filed by the plaintiff’s bar have gotten progressively more vague with respect to the barriers alleged.  This is no coincidence: Some have stated outright that they keep those allegations vague so businesses
Continue Reading Ninth Circuit Makes Clear In Trilogy of Decisions That Disability Access Complaints Without Specific Barrier Allegations Will Be Dismissed

By Minh N. Vu and Kristina Launey

Seyfarth Synopsis: We predict 2021 will be a very busy year for ADA Title III lawsuits.  Here is our take on the types of cases public accommodations can expect to face.

2020 was, by all accounts, an unusual year.  The year began with some prolific plaintiffs’ attorneys turning their attention from website accessibility
Continue Reading Crystal Ball 2021: Our Predictions for the ADA Title III Legal Landscape


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