By Minh N. Vu

Seyfarth synopsis:  Ninth Circuit judges are getting tougher on lawyers who represent serial plaintiffs by reducing their fees and threatening sanctions for citing outdated law.

In 2021, plaintiffs filed 11,452 federal lawsuits alleging violations of Title III of the Americans with Disabilities Act (ADA). More than half (5,930) of those were filed in California.  While most

Continue Reading Ninth Circuit Judges Express Displeasure with Serial Plaintiffs and Their Attorneys

Seyfarth Synopsis: Florida’s recently-enacted House Bill 727 gives businesses a way to deter serial plaintiffs from suing them in Florida courts.

Watching businesses deal with the at least 1,663 ADA Title III access suits filed in federal court in Florida in 2016 motivated Florida legislators to take action with House Bill 727 (“HB 727”) which went into effect on July
Continue Reading Florida Lawmakers Take Action To Curb Access Suits, But Will It Work?

By Minh. N. Vu

If you thought that Title III of the ADA was intended to protect people with disabilities who might want to do business with you – as opposed to those people who visit your business for the sole purpose of filing a lawsuit –– think again.  The U.S. Court of Appeals for the Eleventh Circuit last week
Continue Reading Eleventh Circuit Holds that Testers Who Have No Intent to do Business at a Place of Public Accommodation Can File ADA Title III Lawsuits.

By Minh N. Vu

United States District Judge Virginia Covington of the Middle District of Florida recently held that serial plaintiffs (Denise Payne and Access for the Disabled) who had reached a voluntary settlement with the defendant in an ADA Title III case were not entitled to attorneys’ fees and costs because the court neither retained jurisdiction of the case
Continue Reading ADA Plaintiffs Denied Attorneys’ Fees Post-Settlement