ADA & Public Access
ADA & Public Access NSH&M
NSH&M has been a leader in the area of disability rights litigation on behalf of individual and institutional clients. The firm currently represents the American Council of the Blind in two national class action cases against Quest Laboratories and LabCorp, respectively, for those companies’ failure to provide full and equal access to their facilities to Americans living with vision disabilities.
In addition, the Firm is currently lead counsel in several nationwide federal mobility disability class action cases asserting violations of the Americans with Disabilities Act. Practice Group Chair Benjamin J. Sweet has helped to shape disability law forward as Lead Counsel in a number of notable cases, including Heinzl v. Cracker Barrel Old Country Stores, Inc., Civil Action No. 14-1455, 2016 WL 2347367 (W.D. Pa. 2016) (certified class action which resulted in remediation of accessible parking facilities at more than 600 Cracker Barrel stores throughout the United States); Heinzl v. Boston Market Corp., 2014 WL 5803144 (W.D. Pa. 2014) (denying defendant’s motion to dismiss putative class action brought on behalf of class of mobility disabled plaintiffs); Mellenthin v. Casey’s General Stores, Inc., 2018 WL 999131 (C.D. Ill. 2018) (denying defendant’s motion to dismiss putative class action brought on behalf of class of mobility disabled plaintiffs); Badger v. PREIT Associates, LP, 2017 WL 663570 (W.D. Pa. 2017) (denying defendant’s motion to dismiss putative class action brought on behalf of class of mobility-disabled plaintiffs), among many others.
Mr. Sweet has also been a pioneer on behalf of institutional and individual clients in suits seeking improved digital accessibility, gaining important advancements as Lead Counsel in actions such as Gniewkowski v. Lettuce Entertain You Enterprises, Inc, 251 F.Supp.3d 908 (W.D. Pa. 2017) (denying defendant’s motion to dismiss plaintiff’s website accessibility claim and holding that a bank’s website is a place of public accommodation since it controlled by the bank, the first time a Third Circuit federal district court so held); Access Now, Inc. v. Sportswear, Inc., 298 F.Supp.3d 296 (D. Mass. 2018) (holding that specific personal jurisdiction existed over non-resident e-commerce retailer who generated 3.78% of revenue from sales within the Commonwealth of Massachusetts); Suchenko v. Echo USA, Inc., 2018 WL 3660117 (W.D. Pa. 2018)(denying defendant’s motion to dismiss and affirming the reasoning of Gniewkowski); Sipe v. American Casino & Entertainment Properties, LLC, 2016 WL 1580349 (W.D.Pa April 20, 2016) (denying defendant’s motion to dismiss plaintiffs’ website accessibility claim and admonishing defendant’s counsel for his “bad faith” litigation tactics).