Seyfarth Synopsis: Are web-only businesses subject to Title III? A Minnesota federal court joins the controversy and says yes.
Courts around the country are split on the issue of whether a “place of public accommodation” subject to Title III of the Americans with Disabilities Act must have a physical location
Continue Reading Minnesota District Court Says Web-Only Businesses Are Subject to Title III of the ADA
By Suzanne L. Saxman and Breanne E. Vaclavik
Seyfarth Synopsis: On October 3, 2024, the Financial Crimes Enforcement Network (FinCEN) issued new guidance concerning the Corporate Transparency Act (CTA) by updating and expanding on the Beneficial Ownership Information (BOI) Reporting Frequently Asked Questions (FAQs) that Seyfarth’s CTA Task Force has covered in the past. Key updates include clarifications on who
Continue Reading FinCEN’s October 2024 Beneficial Ownership Information FAQ Update
By: John W. Egan and Minh N. Vu
Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause forum-shopping serial plaintiffs and their counsel to shift to state court.
The Chief Judge Laura
Continue Reading SDNY Chief Judge to ADA Plaintiff: Court Closed for Business to Online-Only ADA Web Cases
By Lotus Cannon and Minh Vu
Seyfarth Synopsis: SDNY Judge Mary Kay Vyskocil dismisses with prejudice a website accessibility lawsuit with vague allegations about plaintiffs’ standing.
The U.S. District Court for the Southern District of New York (SDNY) has been a highly favored venue for serial plaintiffs bringing website accessibility lawsuits for years – at least in part because
Continue Reading SDNY Judge Gets Tough on Serial Website Plaintiffs
By Minh N. Vu and Lotus Cannon
Seyfarth Synopsis: Federal court in New York reaffirms that reading information aloud to customers who are blind or low vision is still an acceptable auxiliary aid or service and retailers do not have to offer accessible goods.
On January 30, 2024, U.S. District Judge Rachel Kovner of the Eastern District of New York
Continue Reading Federal NY Court Says Retailers Are Not Required to Have Digital Labels on ProductsBy Kristina M. Launey, Minh N. Vu, and Susan Ryan
Seyfarth Synopsis: In 2023, the number of ADA Title III lawsuits filed in federal court declined but still exceeded 8,200 for a second year in a row.
From 2013 to 2021, federal court ADA Title III case filings climbed steadily to a staggering 11,452 in 2021. The number
Continue Reading Plaintiffs Filed More than 8,200 ADA Title III Federal Lawsuits in 2023
By Minh N. Vu and John W. Egan
Seyfarth Synopsis: SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar.
This week, SCOTUS issued its decision in Acheson v. Laufer which – to the disappointment of private businesses and the defense bar – leaves unanswered the
Continue Reading SCOTUS Punts on Whether ADA “Testers” Have Standing in Acheson v. LauferBy Minh Vu, Kristina Launey, and Susan Ryan
Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 continues in 2023. New York remains the filing hotspot.
Continuing the trend discussed in our 2022 blog posts here and here, the number of lawsuits filed in federal courts alleging violations of Title III of the
Continue Reading 2023 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Continue to Decline
By Minh N. Vu
Seyfarth Synopsis: The Plaintiff in Acheson v. Laufer dismisses her lawsuit with prejudice and asks SCOTUS to dismiss its pending review based on mootness.
In an unexpected and bizarre turn of events, Deborah Laufer, the plaintiff in the much-watched Acheson v. Laufer case pending before the U.S. Supreme Court (“SCOTUS”), has decided to dismiss that
Continue Reading SCOTUS Might Not Rule on the Standing of ADA Title III Testers After All
By Robert T. Szyba, John W. Egan, and Nicolas A. Lussier
Seyfarth Synopsis: Summer hiring for entertainment companies and various attractions is in full-swing. Since last year, legislatures across the country have focused their attention on expanding employee protections. Now more than ever it is necessary for employers to apprise themselves of recent developments that might impact
Continue Reading For Your Amusement: Eight Employment Law Trends To Consider For 2023 Summer Season Hiring