Seyfarth Synopsis: For the second time in four years, the Third Circuit has reversed a trial court’s certification of a nationwide Title III class on numerosity grounds, applying a demanding standard that will be hard for plaintiffs to meet in future cases.
The nationwide, corporate-wide class action under Rule 23 has long been a popular tool of
Continue Reading Numerosity Killed the Class Action: Third Circuit Vacates Certification of Another ADA Title III Class
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
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: 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
Seyfarth Synopsis: New Affordable Care Act and Medicaid Regulations will require covered entities providing health care programs and services have accessible electronic information technology, including accessible websites.
While we continue to wait for new regulations for the websites of state and local governments, federal agencies and public accommodations, two new regulations from the Department of Health and Human Services
Continue Reading New Healthcare Regulations Impose Accessible Technology Requirements
By Kevin Fritz
This Sunday, July 26, marks the 25th anniversary of the Americans with Disabilities Act. In the spirit of anniversary of this important law, here are 25 simple ways to make your business more accessible to customers with disabilities, and provide a great experience for them and their friends and/or family members:
Review of Disabled Persons Act Applicability to Websites Withdrawn; California Agency Issues Guidance on CASp Benefits; and Novel New Serial Lawsuits Filed Against Car Dealerships
As we’ve discussed previously, California is a hotbed for disability access suits – both based upon alleged physical accessibility violations of California law and the ADA and based upon alleged inaccessible websites.
Continue Reading California Accessibility Update
