By Minh Vu, Kristina Launey, and Susan Ryan
Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 continues in 2023. New York remains the filing hotspot.
Continuing the trend discussed in our 2022 blog posts here and here, the number of lawsuits filed in federal courts alleging violations of Title III of the
Continue Reading 2023 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Continue to Decline
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
By John W. Egan and Minh N. Vu
Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing.
While federal New York courts (particularly the Southern District) have historically been a friendly jurisdiction for ADA website plaintiffs, there have been
Continue Reading Plaintiff-Friendly New York Courts Change Course in Three Recent Decisions in Website Accessibility Cases
By Minh N. Vu
Seyfarth synopsis: The opening brief in Acheson Hotels v. Laufer, the first case to reach the U.S. Supreme Court in more than 18 years, was filed today.
Today, Petitioner/Defendant Acheson Hotels LLC filed its opening brief in the first ADA Title III case before SCOTUS in over eighteen years. In our view, the decision
Continue Reading SCOTUS UPDATE: Opening Brief Filed in Acheson Hotels v. Laufer
By John W. Egan, Dov Kesselman, and Ashley S. Jenkins
A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement activities under Title III of the Americans with Disabilities Act (ADA) and Section
Continue Reading OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible
By Minh N. Vu
Seyfarth Synopsis: SCOTUS grants certiorari on an ADA Title III case for the first time in 18 years to resolve a circuit split on whether an ADA plaintiff has standing to sue without having any intention of frequenting the business.
“Does a self-appointed Americans with Disabilities Act ‘tester’ have Article III standing to challenge a place
Continue Reading SCOTUS Agrees to Resolve A Circuit Split on Tester Standing in ADA Title III Cases
By Minh N. Vu
Seyfarth Synopsis: The Supreme Court will decide whether to hear its first website accessibility case now that briefing on Domino’s Petition for Certiorari is complete.
Earlier today, Plaintiff Guillermo Robles filed his opposition to Domino’s request to the U.S. Supreme Court for review of the Ninth Circuit Court of Appeal’s decision to let Robles’s lawsuit against
Continue Reading Plaintiff Robles Files His Opposition To Domino’s Petition For Certiorari
By Minh N. Vu and Kristina M. Launey
Domino’s filed its petition for writ of certiorari with the U.S. Supreme Court today, June 13, 2019, asking the Court to review and overturn the Ninth Circuit’s decision which allowed a website accessibility lawsuit to proceed against Domino’s. Domino’s styled the question presented as “Whether Title III of the ADA requires a
Continue Reading Domino’s Files Petition for US Supreme Court Review of Unfavorable Website Access Decision
Seyfarth Synopsis: Florida court rules that plaintiff must allege more than being unable to learn about a brick-and-mortar business to state a claim that an allegedly inaccessible website violates the ADA.
Allegations that an inaccessible website prevents a blind plaintiff from “learning” about a brick-and-mortar location are insufficient to state an ADA claim, according to one recent federal court
Continue Reading Florida Court Dismisses Website Accessibility Case, Clarifying “Nexus” Requirement For Stating A Claim Under The ADA
Seyfarth Synopsis: DOJ’s response to members of Congress about the explosion in website accessibility lawsuits contains some helpful guidance for public accommodations fighting these claims.
As we reported in June, 103 members of the House of Representatives from both parties asked Attorney General Jeff Sessions to “state publicly that private legal action under the ADA with respect to websites is
Continue Reading DOJ Says Failure to Comply With Web Accessibility Guidelines is Not Necessarily a Violation of the ADA