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

By Kristina M. Launey & Minh N. Vu

Seyfarth Synopsis: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and website developers.

In a classic gut and amend move mid-way through the Legislative Session, on June

Continue Reading New California Assembly Bill on Website Accessibility Could Result in a Lawsuit Tsunami

Seyfarth Synopsis:  We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda.

Photo showing hand holding a crystal ball

Lawsuit Numbers.  Last January, we predicted that roughly the same number of ADA Title III lawsuits would be filed in federal court in 2022 as in 2021, but halfway through 2022 it

Continue Reading ADA Title III Crystal Ball:  What’s Ahead for 2023?

By Minh N. Vu

Seyfarth Synopsis:  California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites.

The U.S. Court Appeals for the Ninth Circuit has longstanding precedent that only businesses with a brick and mortar location that customers can physically visit are “public accommodations” covered by Title III of the Americans with Disabilities
Continue Reading A Second California State Court Judge Says the ADA Covers Online-Only Businesses

By Minh Vu and Michael Steinberg

Seyfarth Synopsis: In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards.

It has been a gloomy month for businesses that (ordinarily) open their doors to the public, but there was a small bright
Continue Reading Businesses Get Early Victory in Lawsuit Demanding Braille Gift Cards

By Minh Vu

Seyfarth Synopsis:  Miniature horses trained to perform work or tasks for a person with a disability must be allowed in public accommodations in most instances.

The news is not particularly uplifting these days, so we thought our readers would enjoy seeing clips of former California Governor Arnold Schwarzenegger’s miniature horse, Whisky (the clips also features Lulu, his
Continue Reading Mini Horses Can Be “De Facto” Service Animals Too (Plus They Are Really Cute)