Seyfarth Synopsis: In an apparent effort to stop one plaintiff’s lawsuit spree, the Nevada Attorney General moves to intervene in a federal ADA Title III lawsuit arguing that the plaintiff failed to provide notice to the state agency responsible for enforcing Nevada’s antidiscrimination law before filing suit.
Seyfarth Synopsis: Two New York federal judges recently said that the ADA covers websites (even those not connected to a physical place) and one held that working on improving the accessibility of one’s website does not make the ADA claim moot.
Seyfarth Synopsis: In amicus brief to the U.S. Supreme Court, the Justice Department agreed with the Fifth Circuit and defendant Coca-Cola that a vending machine is not a place of public accommodation and that public accommodations can comply with the ADA by providing assistance to customers in lieu of having accessible self-service equipment.
Seyfarth Synopsis: A federal judge in the Central District of California has allowed a blind plaintiff to continue his lawsuit about the accessibility of a public accommodation’s website under Title III of the ADA, despite the diametrically opposite views of his Central District colleague.
Seyfarth Synopsis: Utah businesses are experiencing an unprecedented number of ADA Title III lawsuits.
Utah used to be a good place for public accommodations that did not want to be sued for ADA Title III violations. In 2013, 2014, and 2015 combined, plaintiffs only filed a total of eight such lawsuits in federal court…
Seyfarth Synopsis: Today’s first impression trial verdict finding retailer Winn-Dixie liable under Title III of the ADA for having an inaccessible website suggests that public accommodations should focus on their website accessibility efforts now.
As we reported yesterday, Florida federal District Court Judge Robert Scola last week presided over the first trial in the…
The increase of ADA Title III lawsuits in federal court shows no signs of stopping. From January 1 through April 30, 2017, 2629 lawsuits were filed — 412 more than during the same period in 2016. That’s a whopping 18 percent increase. As we previously reported, the total number of lawsuits filed in federal…
Seyfarth Synopsis: Recent guidance from the U.S. Access Board makes it more difficult for businesses to argue that the Accessible Icon constitutes “equivalent facilitation” under the ADA, even though jurisdictions such as New York and Connecticut require the use of this alternative disability access symbol.
Seyfarth Synopsis: Two Florida federal district court judges require websites to have a “nexus” to a physical location for coverage under Title III of the ADA, but a third judge requires more.
Seyfarth Synopsis: Two recent decisions by federal judges to dismiss website accessibility lawsuits may cause more public accommodations to fight instead of settle these suits, but businesses must continue to weigh many factors before making that decision.