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Rebecca M. McCloskeyBlog Posts

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  • Federal Disability Discrimination Law Does Not Require Websites Be Accessible, Appeals Court Holds

    A website is not a “place of public accommodation” and an inaccessible website is not necessarily equal to the denial of goods or services, a federal appeals court has held in a groundbreaking decision on disability discrimination under Title III of the Americans with Disabilities Act (ADA). Gil v. Winn-Dixie Stores, Inc., No. 17-13467 (11th Cir. Apr.... Continue Reading
    April 12, 2021
  • Federal Disability Discrimination Law Does Not Require Websites Be Accessible, Appeals Court Holds

    A website is not a “place of public accommodation” and an inaccessible website is not necessarily equal to the denial of goods or services, a federal appeals court has held in a groundbreaking decision on disability discrimination under Title III of the Americans with Disabilities Act (ADA). Gil v. Winn-Dixie Stores, Inc., No. 17-13467 (11th Cir. Apr. 7,...… Continue Reading
    April 9, 2021
  • Arbitrating Class Actions – Does Arbitration Bind Employees Who Do Not Opt-in?

    The Second Circuit Court of Appeals heard arguments last week to determine whether an arbitrator’s award in a Title VII class action applies only to the 254 employees who are named plaintiffs or otherwise opted in to the class, or whether it extends to all 70,000 similarly situated employees. (Jock et al. v. Sterling Jewelers,...… Continue Reading
    May 17, 2018
  • Certification of Alleged Misclassified Bakery Distributors Denied due to Predominance of Individualized Issues

    Class certification would have been granted in Soares v. Flowers Foods, Inc., 3:15-cv-04918 (N.D. Cal., June 28, 2017), but for the allegedly misclassified independent contractors’ decision to deliver, or not deliver, the goods themselves. In Soares, the named plaintiffs sought to represent a class of truck drivers who were paid to distribute baked goods manufactured by...… Continue Reading
    July 25, 2017
  • Uber-Frustrating: Tips to Facilitate Approval of Settlements of Class Actions

    On April 21, 2016, Uber tried to buy its peace from two class actions in a $100 million settlement with 385,000 putative class members. See O’Connor v. Uber Technologies Inc., 3:13-cv-03826 (N.D. Cal.); Yucesoy v. Uber Technologies Inc., 3:15-cv-00262 (N.D. Cal.).  However, as of July 14, 2016, the class actions still remain open pending court approval … Continue Reading
    August 10, 2016