Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda.
Lawsuit Numbers. Last January, we predicted that roughly the same number of ADA Title III lawsuits would be filed in federal court in 2022 as in 2021, but halfway through 2022 it
Continue Reading ADA Title III Crystal Ball: What’s Ahead for 2023?
By Minh N. Vu
Seyfarth Synopsis: UC Berkeley and the DOJ resolve an 8-year investigation with a comprehensive Consent Decree that requires UC Berkeley to make virtually all the content on its online platforms accessible to people with disabilities within three years and adopt comprehensive policies and procedures to ensure accessible online content.
After eight years, the U.S. Department of
Continue Reading UC Berkeley Enters Into Consent Decree with DOJ About Its Websites and Other Online Content
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 Kristina Launey and John W. Egan
Seyfarth Synopsis: Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under Title II.
This week the Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and
Continue Reading Website Accessibility Regulations On The Horizon: DOJ To Start Title II Rulemaking For State and Local Governments Next Year
By Minh N. Vu
Seyfarth Synopsis: One of the most famous accessibility lawsuits of all time finally settles before trial under terms that may never be known.
After six hard-fought years in litigation at every level of the federal judicial system — including the Supreme Court — the parties in what may be the most famous website accessibility lawsuit of
Continue Reading Robles v. Domino’s Settles After Six Years of Litigation
By Kristina Launey and Minh Vu
Seyfarth Synopsis: A California federal court decided after a trial that a blind plaintiff did not have standing to bring a lawsuit about an inaccessible website under Title III of the ADA, and California’s Unruh Act only protects people who try to access inaccessible websites while they are physically in California.
We are seeing
Continue Reading Website Accessibility Plaintiff Loses After Federal Trial On Standing and Other Grounds
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 Minh N. Vu
Seyfarth synopsis: The DOJ issued a new guidance on website accessibility that contains basic information about the ADA’s requirements for lay people but no new information for legal practitioners.
We can only speculate as to whether it was a response to the recent demand of 181 disability advocacy groups for regulations on website accessibility, but this
Continue Reading The DOJ’s New Guidance Says Website Accessibility is an Enforcement Priority but Provides No New Legal Insights
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