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Surfin' USA: Website Accessibility Lawsuits are Alive And Well Under The ADA | Fisher Phillips


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Chances are if you operate a business (public accommodation) that maintains a traditional brick-and-mortar location, then you are no stranger to Title III of the Americans with Disabilities Act (ADA). But just about every business needs to have a basic understanding of Title III these days, as it has recently become a common tool used in litigation alleging that websites fail to live up to legal standards. What do all businesses need to know about Title III and the “surf-by” lawsuit?
What Is Title III?
Title III requires that private business owners maintain a physical environment that is accessible by all. Thus, guests with disabilities who visit the property must be provided accommodations that eliminate potential barriers to goods and services where such removal is “readily achievable” or “easy accomplishable and able to be carried out without much difficulty or expense.” Facilities that are ne ....

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NRA Bankruptcy Raises Questions about Good Faith and Venue


Thursday, January 21, 2021
The January 15, 2021 bankruptcy petition filed by the National Rifle Association of America (NRA) in the Northern District of Texas poses important tests of the rules for determining proper venue in a bankruptcy case and the standard for determining whether a bankruptcy petition has been filed in good faith.
By filing in Texas, the NRA, a New York entity with its principal place of business in Virginia, is relying on the fact that its subsidiary Sea Girt LLC was formed under Texas’ limited liability company law.  Typically, a company may file for bankruptcy in any venue that would be available to any one of its affiliates, and the NRA is relying on its Sea Girt affiliate’s presence in Texas in this case.  But the complicating factor for the NRA’s choice of venue is that Sea Girt does not appear to have been formed until November 24, 2020 ....

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