By John W. Egan and Ashley S. Jenkins
Seyfarth Synopsis: New Kansas law will allow resident businesses to sue ADA website plaintiffs and their counsel over “abusive” litigation to recover defense fees and potentially punitive damages.
The Kansas legislature recently passed The Act Against Abusive Website Access Litigation that, starting on July 1, 2023, will allow Kansas businesses to sue
Continue Reading New Kansas Website Accessibility Law Provides Local Businesses With A Litigation Sword
By Lotus Cannon and Minh Vu
Seyfarth synopsis: Leading the country with 3,173 federal ADA Title III lawsuits in 2022, plaintiff-friendly court decisions will likely keep New York in the top spot.
It is no surprise that New York has become the nation’s leader in ADA Title III and website accessibility litigation, bypassing California by a substantial margin in
Continue Reading New York Continues to Be a Friendly Venue for ADA Title III PlaintiffsBy Kristina M. Launey & Minh N. Vu
Seyfarth Synopsis: Plaintiffs filed 3,225 website accessibility lawsuits in federal court in 2022 – a 12% increase over 2021.
2022 was another record setting year for website accessibility lawsuits filed in federal court. The total number of lawsuits filed in federal court alleging that plaintiffs with a disability could not use websites
Continue Reading Plaintiffs Set a New Record for Website Accessibility Lawsuit Filings in 2022
By Minh N. Vu
Seyfarth Synopsis: The California Court of Appeals decision that put an end to lawsuits against online only businesses in California and called out DOJ and Congress for inaction stays put after California Supreme Court denied plaintiff’s review request.
Update: On November 9, 2022, the California Supreme Court denied plaintiff’s request that the Court review the California
Continue Reading Websites Are Not A Public Accommodation Under the ADA, Says California Court of Appeals; CA Supreme Court Denies Review Petition
By Minh N. Vu
Seyfarth Synopsis: A recent Second Circuit decision holds that a plaintiff’s encounter with an alleged legal violation on a website, without more, does not give that plaintiff standing to sue under Title III of the ADA.
New York federal courts have been inundated with website accessibility lawsuits in recent years and continued to lead the country
Continue Reading Bringing Website Accessibility Lawsuits in New York Just Got a Little Harder for Repeat Plaintiffs
By Kristina M. Launey & Minh N. Vu
Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2021 jumped 14% over 2020, besting the 12% 2020 increase aided by a huge November 2021 spike in filings.
The numbers are in for total website accessibility lawsuit filings in federal courts in 2021, and they show a
Continue Reading Federal Website Accessibility Lawsuits Increased in 2021 Despite Mid-Year Pandemic Lull
By Kristina M. Launey and Minh Vu
Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; meanwhile disability rights advocates demand regulatory action from DOJ on accessible websites.
On March 2, 2022, the Eleventh Circuit Court of Appeals denied Winn-Dixie’s request that the full panel
Continue Reading As the Winn-Dixie Saga Finally Concludes in Florida, 181 Advocacy Groups Urge DOJ to Issue Website Accessibility Regulations
By Minh Vu, Kristina Launey and Susan Ryan
Seyfarth Synopsis: Plaintiffs continue filing ADA Title III lawsuits in record numbers with no sign of stopping.
As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020 dipped slightly under 11,000, but the plaintiffs’ bar came roaring back in 2021. There
Continue Reading ADA Title III Federal Lawsuit Filings Hit An All Time High
By Minh Vu
Seyfarth synopsis: Winn-Dixie has asked the Eleventh Circuit to recall its decision to dismiss the appeal and underlying lawsuit as moot and that the decision be reconsidered by a full panel of Eleventh Circuit judges.
A few weeks ago we reported on the Eleventh Circuit’s decision to dismiss as moot the appeal filed by Winn-Dixie challenging a
Continue Reading Gil v. Winn-Dixie: It’s Not Over Yet
By Julia N. Sarnoff and John W. Egan
Seyfarth Synopsis: A massive surge in website accessibility lawsuits filed in the Southern District of New York suggests some holiday forum shopping by the plaintiffs-side bar.
The Seyfarth ADA Title III Team wishes all of our readers a very happy holiday season!
As many of you already know, our Team monitors
Continue Reading Forum Shopping For a Website Lawsuit Over the Holidays? Look No Further than the SDNY.