By: Minh N. Vu
Seyfarth Synopsis: A recent case from the U.S. District Court for the Middle District of Florida illustrates how businesses should handle scenarios where service animals present health risks to others with severe allergies.
We all know that public accommodations must allow service animals accompanying individuals with disabilities onto their premises, but what if doing so places
Continue Reading Can Businesses Exclude Service Animals Based on the Allergies of Others?
By: Lotus Cannon and Kristina Launey
Seyfarth Synopsis: Are web-only businesses subject to Title III? A Minnesota federal court joins the controversy and says yes.
Courts around the country are split on the issue of whether a “place of public accommodation” subject to Title III of the Americans with Disabilities Act must have a physical location where it serves the
Continue Reading Minnesota District Court Says Web-Only Businesses Are Subject to Title III of the ADA
By: Ashley Jenkins and Kristina Launey
Seyfarth Synopsis: A federal court recently held that a football stadium must make reasonable modifications to its seating policy to allow a wheelchair user with a ticket for a non-wheelchair accessible seat access to view the game in person.
The football season is well underway, and a recent decision from a federal California Court
Continue Reading Football Stadium May Have Fumbled Wheelchair User’s Seating Request, Federal Court Rules
By: John W. Egan and Minh N. Vu
Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause forum-shopping serial plaintiffs and their counsel to shift to state court.
The Chief Judge Laura
Continue Reading SDNY Chief Judge to ADA Plaintiff: Court Closed for Business to Online-Only ADA Web Cases
By Minh N. Vu and John W. Egan
Seyfarth synopsis: Public accommodations planning to add EV charging stations to their properties should take note of these proposed guidelines and file comments by November 4, 2024.
Recognizing that more and more retailers, shopping malls, lodging facilities, gas stations, and restaurants are providing EV charging stations (“EVCS”) for customer use on their
Continue Reading U.S. Access Board Issues Proposed Rule for Accessible Electric Vehicle Charging Stations
By Kristina Launey and Ashley Jenkins
Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind.
On February 8, 2024, the U.S. Court of Appeals for the Ninth Circuit approved a federal trial court’s certification of two classes of plaintiffs to proceed against LabCorp regarding the alleged
Continue Reading Ninth Circuit Green Lights Kiosk Accessibility Class Action
By Minh N. Vu & John W. Egan
Seyfarth Synopsis: SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar.
Yesterday, SCOTUS issued its decision in Acheson v. Laufer which – to the disappointment of private businesses and the defense bar – leaves unanswered the question of
Continue Reading SCOTUS Punts on Whether ADA “Testers” Have Standing in Acheson v. Laufer
By: Kristina Launey and Minh Vu
Seyfarth Synopsis: The Sixth Circuit Court of Appeals approved state-owned hospital’s exclusion of nursing student’s service animal that posed a direct threat to patients and staff with severe allergies where no reasonable alternatives existed to mitigate the threat.
The Sixth Circuit Court of Appeals recently issued a decision in Bennett v. Hurley Med. Ctr.
Continue Reading Sixth Circuit Approves Hospital’s Exclusion of Nursing Student’s Service Animal
By Minh N. Vu and John W. Egan
Seyfarth Synopsis: SCOTUS asked revealing questions in yesterday’s Acheson v. Laufer oral argument, but left attendees wondering whether the Court will provide much-needed guidance on the so-called “tester standing” issue for which it granted certiorari.
The U.S. Supreme Court (SCOTUS) heard oral argument yesterday in a case arising under Title III of
Continue Reading SCOTUS Hears Oral Argument in Acheson v. Laufer
By: John W. Egan and Ashley S. Jenkins
Occasionally we see a story in the news that we can’t resist blogging about, and this one is no exception: Last week, an emotional support alligator named “Wally” was denied access to Citizens Bank Park in Philadelphia to watch a professional baseball game. We thought this would be a nice opportunity to
Continue Reading No MLB Baseball for Wally The Emotional Support Gator