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 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: A federal judge precluded the plaintiff from multiplying his statutory damages under the Unruh Act by his alleged number of visits to the defendant’s business.
California’s Unruh Civil Rights Act (“Unruh Act”) provides for the recovery of the greater of actual damages or $4,000 in statutory damages for “each particular occasion” of access denial. (Civil
Continue Reading Federal Judge Rejects Plaintiff’s Attempt to Inflate Unruh Act Statutory Damages by Making Multiple Visits to Business
By Kristina M. Launey and Minh N. Vu
Plaintiffs suing businesses in California for alleged disability access violations usually assert claims under a number of statutes, including the Disabled Persons Act (DPA) (Cal. Civil Code § 54 et seq.) and the Unruh Civil Rights Act (Cal. Civil Code § 51 et seq.), as well as the federal Americans with Disabilities
Continue Reading Cal. Supreme Court Says Prevailing Defendants Are Entitled to Attorneys’ Fees in Disabled Persons Act Injunctive Relief Cases
By Todd C. Hunt
On the heels of Cullen v. Netflix, Inc., reported here last month, two other federal judges in the U.S. District Court for the Northern District of California followed the lead established by the Ninth Circuit more than a decade ago in ruling in a putative class action that websites not connected to “physical spaces” are not
Continue Reading Courts in the Ninth Circuit Consistent in Holding Title III Website Access Requires Nexus to a Physical Space