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 Kristina Launey and John W. Egan
Seyfarth Synopsis: DOJ issues useful new Guide to help small governmental entities understand the new web and mobile app accessibility requirements under Title II of the ADA.
On May 22, 2024 the Department of Justice (“DOJ”) published a Small Entity Compliance Guide to help people who work for or with state
Continue Reading DOJ Issues “Small Entity Compliance Guide” for State and Local Government Web Content and Mobile App Accessibility
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
Seyfarth Synopsis: With so many companies being hauled into court in California based on claims that the functionalities on their website and use of service providers for marketing or analytics purposes violate consumer privacy rights, it is important to exhaust all possible defenses available to defendants. Late last year, the Ninth Circuit issued a ruling upholding a
Continue Reading Ninth Circuit Opinion Supports Personal Jurisdiction Defense for Interactive Websites
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 Ashley S. Jenkins and Minh N. Vu
Seyfarth Synopsis: Hotels have been fighting a tsunami of hotel reservations website lawsuits with good results so far.
In the past few years, a dozen or so plaintiffs represented by a handful of law firms have sued many hundreds of hotels for allegedly not providing enough accessibility information about their accessible
Continue Reading A Status Update on Hotel Reservations Website Lawsuits
By Kevin Fritz and Latoya Liang
Seyfarth Synopsis: In a recent decision, the Seventh Circuit agreed with the Fourth Circuit in holding that a plaintiff who is legally barred from using a credit union’s services cannot demonstrate an injury in fact that can support standing to sue.
The plaintiff in Carello v. Aurora Policeman Credit Union, a blind
Continue Reading Seventh Circuit Holds “Indignation” is Not an Injury-In-Fact
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
Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and disclosures, while spelling out the consequences for violations. Employers must not retaliate against employees for their lawful out-of-office behavior.
People are used
Continue Reading Raging Bull: Getting Beat Up On Glassdoor?