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.

By Minh Vu and John Egan

Seyfarth Synopsis: Three businesses prevail in website accessibility lawsuits in New York and California. 

Defending website accessibility lawsuits can be an expensive and difficult battle for public accommodations, but there have been a few bright spots for businesses this summer.

1.     On July 14, 2021, Judge Brian Cogan of the United States District Court
Continue Reading Businesses Score a Few Recent Wins in Website Accessibility Lawsuits

By Minh N. Vu

Seyfarth Synopsis: California federal trial court grants summary judgment for plaintiff, finding Domino’s violated the ADA by having a website that is inaccessible to the blind and orders Domino’s bring its website into compliance with the WCAG 2.0 guidelines.

Five years after the lawsuit was first filed, federal district court judge Jesus Bernal ruled on June
Continue Reading Court finds Domino’s Pizza Violated the ADA by Having an Inaccessible Website and Orders WCAG Compliance

By Kristina Launey

Seyfarth Synopsis: A recent order from the Eleventh Circuit signals that the court is seriously considering a rehearing in Gil v. Winn-Dixie.

As previously reported, the Eleventh Circuit made waves recently overturning a 2018 Florida federal court’s trial verdict ruling that Winn Dixie’s inaccessible website violated the ADA. On April 15, the plaintiff filed a Petition
Continue Reading Winn Dixie Saga Continues: Eleventh Circuit Actively Considering Rehearing Request

By Kristina M. Launey & Minh N. Vu

Seyfarth SynopsisADA Title III website accessibility lawsuits filed in federal courts in 2020 jumped a surprising 12% over 2019, in spite of a mid-year pandemic dip in filings.

The numbers are in for total website accessibility lawsuit filings in federal courts in 2020, and to our surprise they show a
Continue Reading Federal Website Accessibility Lawsuits Increased in 2020 Despite Mid-Year Pandemic Lull

Seyfarth Synopsis: A recently-filed lawsuit contains a lengthy critical report by a digital accessibility consultant of accessibility issues created by an accessibility widget.

Amidst the thousands of lawsuits filed over the past few years alleging business’ websites and mobile apps are not accessible to blind individuals, businesses have scrambled to find ways to make their websites and apps accessible.  Often
Continue Reading Criticisms of “Quick-Fix” Website Accessibility Products Highlighted in New Lawsuit

By Minh Vu and Julia Sarnoff

Seyfarth Synopsis:  Congressmen Budd and Correa try to address website and mobile app accessibility in a new bill called the “Online Accessibility Act.”  

On October 2, 2020, Representatives Lou Correa (D-CA) and Ted Budd (R-NC) introduced a bill called the “Online Accessibility Act” (H.R. 8478) (the “OAA”) which would amend the ADA to add
Continue Reading House Bill Introduced to Require Accessible Consumer Facing Websites and Mobile Apps

By Minh N. Vu

Seyfarth Synopsis:  California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites.

The U.S. Court Appeals for the Ninth Circuit has longstanding precedent that only businesses with a brick and mortar location that customers can physically visit are “public accommodations” covered by Title III of the Americans with Disabilities
Continue Reading A Second California State Court Judge Says the ADA Covers Online-Only Businesses

By Kristina M. LauneyMinh N. Vu

We’ve sheltered in place and finished our tally.  The numbers are in for total website accessibility lawsuit filings in federal courts in 2019, they show a small decrease from 2018. The total number of website accessibility lawsuits filed in federal court (i.e. lawsuits alleging that plaintiffs with a disability could not
Continue Reading The Curve Has Flattened for Federal Website Accessibility Lawsuits

By Kristina M. Launey and Minh N. Vu

Seyfarth Synopsis: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018.  Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s Order in Robles v. Domino’s?

As of June 30, 2019, we counted 1204 website
Continue Reading Federal Website Access Lawsuit Numbers Increase 7 Percent in 2019, With Possible Bump from Supreme Court Denial of Cert in Domino’s