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Articles Posted in Litigation

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ADA Issues on Websites: Department of Justice Poised to Adopt Accessible Website Standards

Since at least 2000, the U.S. Department of Justice (DOJ) has been advocating standardized website development and content to promote access to blind and low vision internet users.  In 2013, the DOJ withdrew its proposed Advanced Notice of Proposed Rule Making (ANPRM) which would have established standardized internet protocols by…

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ADA Lawyer: FedEx sued for failures regarding the hearing and speech impaired

FedEx sued for failure to provide effective auxiliary aids and services for hearing and speech impaired employees and job applicants Effective communication with blind, low vision, deaf, hard-of-hearing, speech impaired and cognitively challenged employees, potential employees, customers and guests is one of the fundamental tenets of the Americans with Disabilities…

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ADA Lawyer: What you can learn from the DOJ’s settlement agreement with Starwood and The Phoenician

Failure to provide an Ounce of ADA Compliance is worth a Pounding by the DOJ What you can learn from the DOJ’s settlement agreement with Starwood and The Phoenician   The Department of Justice (DOJ) continues to make the hospitality sector a target for enforcement of the Americans with Disabilities…

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Failure to install fixed pool lifts spawning ADA lawsuits

As we reported in January of this year, “The DOJ stunned both the hospitality industry and pool manufacturers when it proclaimed that only “fixed” or permanent pool lifts would comply with the new 2010 ADAAG Standards) to the extent “readily achievable.” (See ADA Defense Lawyer: Pool lift deadline of January…

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ADA defense lawyer: A blast against frivolous, serial ADA lawsuits

Federal court condemns frivolous, serial ADA litigation which subverts the noble purpose of the ADA and the entire legal profession On April 16, 2012, an article appeared on the front page of the New York Times about the proliferation of lawsuits brought under the Americans with Disabilities Act (or ADA)…

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Will California law changes discourage abusive ADA litigation? The jury is still out . . .

Since January 2005, 16,530 lawsuits alleging violations of the Americans with Disabilities Act (“ADA”) have been filed in federal courts across the country. More of these lawsuits were filed in California than in any other state. Some believe that California is a hotbed of ADA litigation because California law awards…

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ADA Defense Lawyer: Pool lift deadline of January 31, 2013 looms, but may be a diversion from enterprise-wide ADA compliance

January 31, 2013 is fast approaching and once again our phones are ringing off the hook and the emails are streaming in. Our hospitality clients want to know the latest action being taken by the Department of Justice (“DOJ”) on the Americans with Disabilities Act requirements for pool lifts at…

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ADA compliance and defense lawyer alert: ADA pool lift deadline extended to January 31, 2013

The DOJ extends pool lift deadline Today, the Department of Justice announced that it is extending the ADA pool lift deadline from May 21, 2012 to January 31, 2013. Amendment to ADA regulations This morning, the DOJ formally published an “Amendment of the Americans with Disabilities Act Title II and…

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ADA compliance and defense lawyer alert: Charles Schwab settles claim over website accessibility

On May 2, 2012, Charles Schwab & Co. announced an initiative to make its website more accessible for all customers, particularly those who are blind or have sight disabilities. This high-profile development was part of the settlement of a claim by Kit Lau, a Charles Schwab customer for more than…

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