By Vy’Shaey Mitchell and Erin Dougherty Foley

Seyfarth Synopsis: In a recent ruling, Brooks v. Avancez, (Decided July 6, 2022) the U.S. Court of Appeals for the Seventh Circuit affirmed a finding for summary judgment for an employer after it was found to have terminated its employee for legitimate non-discriminatory reasons. The decision makes clear that an employer
Continue Reading Trust But Verify: Conduct Your Own Investigation Before Termination

By Renée AppelRebecca DavisGiovanna Ferrari, and Ameena Majid

Seyfarth Synopsis: Staying true to the SEC’s 360 degree approach for advancing the Biden Administration’s ESG agenda, on April 29, 2022, the Securities and Exchange Commission (“SEC”) sued a publicly traded Brazilian company.

The SEC filed a securities fraud lawsuit against Vale S.A. (“Vale”) for, among
Continue Reading Misleading Statements, Including ESG Pronouncements, Land One of the World’s Largest Iron Ore Producers in Hot Water with the SEC

By Kristina M. Launey and Minh N. Vu

Seyfarth Synopsis: Four years and two motions to dismiss based on the pleadings later, the National Association of the Deaf’s (NAD) online video captioning lawsuit against Harvard University is moving forward to fact discovery. On March 28, Federal Magistrate Judge Robertson in the District of Massachusetts denied the university’s motion for judgment

Continue Reading Four-Year Court Battle Between Deaf Advocates and Harvard Over Closed Captioning of Videos Proceeds to Discovery With Some Limitations

By Kristina M. Launey & Minh N. Vu

Seyfarth Synopsis: Ninth Circuit overturns district court’s dismissal of website accessibility lawsuit on due process and primary jurisdiction grounds, remands case to proceed with discovery.

On January 15, 2019, the Ninth Circuit Court of Appeals issued the fifth federal appeals court ruling on the issue of website accessibility, and there is no
Continue Reading Ninth Circuit Allow the Robles v. Domino’s Website and Mobile App Accessibility Lawsuit to Move Forward

Kevin A. Fritz and Minh Vu

Seyfarth Synopsis: The Court of Appeals for the First Circuit says that an agreement to arbitrate presented visually to blind plaintiffs on a POS device and never read to the plaintiffs is not binding.

Season’s greetings! As the holiday season ramps up, retailers’ point-of-sale (“POS”) devices will again go into overdrive facilitating the holiday
Continue Reading Court of Appeals Says Blind Plaintiff is Not Bound By a Written Agreement to Arbitrate That He Could Not Read

By Kristina M. Launey and Myra B. Villamor

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair Employment and Housing Act.

Over the past few years, we have frequently written about the proliferation
Continue Reading Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications