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Joseph J. LynettBlog Posts

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Serial ADA Plaintiff Declared Vexatious Litigant in Federal Court in California

On April 19, 2020, Judge James V. Selna of the United States District Court, Central District of California, granted a motion to declare pro se plaintiff Peter Strojnik, Sr. a vexatious litigant, requiring him to obtain the permission of the Court before filing any future accessibility lawsuits with the District Court. Federal courts by statute... Continue Reading
May 13, 2020

Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at Facility

Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard... Continue Reading
May 12, 2020

Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at Facility

Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard...… Continue Reading
May 11, 2020

In Wave of Opinions, Court Rejects ADA Requirement for Braille Gift Cards

On Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in Braille. Dominguez v. Banana Republic, LLC, 1:19-cv-10171-GHW (S.D.N.Y. April 23, 2020).  The decision is the...… Continue Reading
May 1, 2020

In Wave of Opinions, Court Rejects ADA Requirement for Braille Gift Cards

On Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in Braille. Dominguez v. Banana Republic, LLC, 1:19-cv-10171-GHW (S.D.N.Y. April 23, 2020).  The decision is the... Continue Reading
May 1, 2020

The SCOTUS Decides Not To Grant Certiorari in Robles v. Domino’s Pizza

The much-anticipated decision from the U.S. Supreme Court (SCOTUS) on Domino’s Pizza’s Petition for Certiorari is in. On October 7, 2019, the SCOTUS denied review of a decision from the Ninth Circuit Federal Court of Appeals in Robles v. Domino’s Pizza. The Ninth Circuit in Robles held that (1) Title III of the ADA covers... Continue Reading
October 28, 2019

New York Revises Employment Protections for Domestic Violence Victims, Adds Accommodation Obligations

New York has amended its Human Rights Law to expand protection from employment discrimination for victims of domestic violence. Signed by Governor Andrew Cuomo on August 20, 2019, the new law amends the New York State Human Rights Law with respect to victims of domestic violence. It also requires employers to provide reasonable accommodations. The new...… Continue Reading The post New York Revises Employment Protections for Domestic Violence Victims, Adds Accommodation Obligations appeared first on Disability, Leave & Health Management Blog.
August 26, 2019

Federal Court Allows Class Action Website Disability Access Case to Proceed Against An Employer

While we continue to wait for guidance from the government on website accessibility standards, plaintiffs continue to challenge the accessibility of company websites. For years, individuals have brought lawsuits claiming that their access to goods and services is limited under Title III of the Americans with Disabilities (“ADA”). More recently we have seen individuals challenge...… Continue Reading The post Federal Court Allows Class Action Website Disability Access Case to Proceed Against An Employer appeared first on Disability, Leave & Health Management Blog.
May 17, 2019

House Bill Would Limit Drive-by Lawsuits by Amending Title III of Americans with Disabilities Act

The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats).  Prior to filing a lawsuit under Title III of the Americans with Disabilities Act, the bill requires potential plaintiffs to provide businesses with both notice of architectural barriers as well...… Continue Reading The post House Bill Would Limit Drive-by Lawsuits by Amending Title III of Americans with Disabilities Act appeared first on Disability, Leave & Health Management Blog.
February 28, 2018

60 Minutes Goes Prime Time with ADA Drive By Lawsuits

In case you missed it, on December 4, 2016, the popular news program 60 Minutes aired a story on the alarming growing number of ADA drive-by lawsuits filed against businesses.  A transcript of the story is provided here.  Title III of the ADA requires places of public accommodation, such as restaurants, banks, movie theaters and … Continue Reading The post 60 Minutes Goes Prime Time with ADA Drive By Lawsuits appeared first on Disability, Leave & Health Management Blog.
December 6, 2016