ADA Title III Federal Lawsuits Numbers Are Down But Likely To Rebound In 2023

eyfarth Synopsis: The number of ADA Title III lawsuits filed in federal court dropped by 24 percent, the lowest since 2017, and California is no longer the epicenter.

ADA Title III case filings in federal court had been on a sharp upward trajectory since we started compiling these statistics in 2013. That year, there were only 2,722 lawsuits nationwide. Eight years later, in 2021, there were 11,452 such lawsuits. In-between, year over year increases ranged […]

By | February 9th, 2023 ||

Walmart’s Fudge Mint Class Action Permanently Dismissed

On August 23, an Illinois federal judge dismissed a putative class action lawsuit against Walmart over its fudge mint cookies (subscription to Law360 required). The plaintiff Eugene DeMaso claimed that the product label was misleading because the cookies did not contain fudge made from dairy fats or actual mint leaves. However, U.S. District Judge Charles R. Norgle held that the label was not misleading because no consumer expects the fudge to be made with dairy fats, or […]

By | August 9th, 2022 ||

California Trial Courts Continue To Interpret Johnson v. Maxim Healthcare Narrowly When Applying PAGA’s One-Year Statute Of Limitations

Last year, the California Court of Appeal raised eyebrows by ruling that a plaintiff could pursue a Private Attorneys General Act (PAGA) claim for alleged violations of Labor Code Section 432.5, even though the statute of limitations on her individual claim had run. Johnson v. Maxim Healthcare Servs., Inc., 66 Cal. App. 5th 924 (2021). Some plaintiffs’ lawyers argued that this ruling meant that any employee who ever experienced a Labor Code violation could bring […]

By | August 7th, 2022 ||