News & Analysis as of

Americans with Disabilities Act (ADA) Hotels Public Accommodation

Miles & Stockbridge P.C.

Supreme Court Sidesteps Ruling on ADA ‘Tester’ Case... For Now

Miles & Stockbridge P.C. on

The Supreme Court earlier this month declined to address who has standing to sue a business whose website violates the Americans with Disabilities Act (ADA). In Acheson Hotels, LLC v. Laufer, the justices unanimously remanded...more

McAfee & Taft

Supreme Court punts question on ‘tester’ standing for ADA Title III violations

McAfee & Taft on

After the U.S. Supreme Court agreed to hear a case on the propriety of “tester” standing (Acheson Hotels, LLC v. Laufer), interested parties have anxiously awaited the Supreme Court’s much-needed guidance on who may sue for...more

Fisher Phillips

SCOTUS Leaves Businesses Hanging: Your 4-Step Plan to Avoid ADA Accommodation “Tester” Cases

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After waiting nearly a year for a decision that would have provided businesses with some much-needed clarity (and hopefully some relief), the Supreme Court tossed from its docket a case involving a legal “tester” who “surfed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Questions Whether ADA Tester Case Is Moot

On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims...more

Jackson Lewis P.C.

‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court

Jackson Lewis P.C. on

Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more

Seyfarth Shaw LLP

SCOTUS UPDATE:  Opening Brief Filed in Acheson Hotels v. Laufer

Seyfarth Shaw LLP on

Seyfarth synopsis: The opening brief in Acheson Hotels v. Laufer, the first case to reach the U.S. Supreme Court in more than 18 years, was filed yesterday....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Could One Plaintiff’s Phone Call Lead To ADA Litigation? The Supreme Court Will Decide

Every business or nonprofit open to the public, regardless of size, must comply with Title III of the Americans with Disabilities Act (“ADA”). The ADA permits a plaintiff to sue a business for failing to provide full and...more

Fox Rothschild LLP

Do Individuals Who Have No Intent to Use Your Business’s Services Have Standing to Sue Your Company for Potential ADA...

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On March 27, 2023, the United States Supreme Court granted certiorari in Laufer v. Acheson Hotels to decide this very issue. Deborah Laufer, who has various physical impairments, is a serial litigant who has filed hundreds...more

Fisher Phillips

SCOTUS Will Hear Case About ADA Accommodation “Tester” Who Sued Business She Never Planned to Visit

Fisher Phillips on

The Supreme Court just agreed on Monday to weigh in on whether a private citizen can serve as a legal “tester” that goes from business to business looking for – and suing for – alleged violations of the Americans with...more

Baker Donelson

Fourth Circuit Holds Website "Tester" Has Standing to Sue Under the ADA

Baker Donelson on

Businesses take note: In Laufer v. Naranda Hotels, LLC, No. 20-2384, decided February 15, 2023, the Court of Appeals for the Fourth Circuit decided that a self-professed 'tester' who has filed hundreds of similar lawsuits...more

Pierce Atwood LLP

First Circuit Gives Green Light to ADA Suits Against Hotels Based on Booking Sites

Pierce Atwood LLP on

On October 5, 2022, in Laufer v. Acheson Hotels LLC, the U.S Court of Appeals for the 1st Circuit reversed a lower court’s dismissal of a suit against Acheson Hotels, LLC, which operates an inn on Maine’s southern coast....more

Seyfarth Shaw LLP

Northern District of New York Orders Serial Plaintiff to Justify Standing in Over 27 Separate Hotel Reservations Website Lawsuits

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Northern District of New York sees far fewer ADA Title III lawsuits than its Eastern and Southern counterparts and apparently has no patience for serial plaintiffs with flimsy boilerplate filings. ...more

Jackson Lewis P.C.

Serial ADA Plaintiff Declared Vexatious Litigant In Federal Court In California

Jackson Lewis P.C. on

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...more

Seyfarth Shaw LLP

ADA TITLE III Litigation: A 2019 Review And Hot Trends For 2020

Seyfarth Shaw LLP on

Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more

Fisher Phillips

Veterans Turned Away Because Of Service Animals: Lessons You Can Learn

Fisher Phillips on

The United States Department of Justice (DOJ) recently announced settlements with two hotel properties to resolve complaints under Title III of the Americans with Disabilities Act (ADA) involving service animals. In both...more

Jackson Lewis P.C.

[Webinar] The Rise of ADA Web Accessibility Lawsuits in the Hospitality Industry - May 16th, 2:00pm ET

Jackson Lewis P.C. on

Hotel accessibility issues have long been the subject of ADA litigation. Currently a dramatic increase in the number of these cases is making news. However, these cases are not being brought against traditional brick and...more

Fox Rothschild LLP

How To Avoid ADA Title III Website Cases That Target Hotels & Motels

Fox Rothschild LLP on

As I posted last year, the next wave of Americans with Disabilities Act (“ADA”) Title III litigation was going to focus on hotels and motels and their reservation systems. And, I was right. These cases are primarily...more

Neal, Gerber & Eisenberg LLP

Client Alert: Online Hotel Reservation Systems Under Attack for Alleged ADA Violations

A new flavor of litigation has arisen under the Americans with Disabilities Act (ADA) and its regulations, specifically those regulations pertaining to descriptions of the accessibility features of hotel rooms....more

Jackson Lewis P.C.

Court Finds Standing Requirement For ADA Title III Claim Requires Plaintiff To Have “Concrete And Realistic” Plan To Return To The...

Jackson Lewis P.C. on

A recent Middle District of Florida decision granted the Defendant’s Motion to Dismiss Plaintiff’s claims for relief under Title III of the ADA based on Plaintiff’s lack of standing to bring such claims. In Kennedy v. Cape...more

Robinson+Cole Data Privacy + Security Insider

Choice Hotels Sued for Failing to Provide Information about Accessibility to Users

Choice Hotels International Inc., was recently sued for failing to provide disabled users with information about its rooms’ and grounds’ accessibility. The suit, referencing the Comfort Inn in Gainesville, Florida, states...more

Lowndes

Three Proactive Steps Hotel Operators Can Take to Mitigate ADA Financial Risks

Lowndes on

While federal lawsuits alleging violations of the Americans with Disabilities Act are not new, recent news coverage of current and ongoing lawsuits underscore that major hotel flags are particularly attractive targets for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Serial Plaintiffs’ Lawyer Commences Latest Round of Hotel Litigation: How Can Hotels Protect Themselves?

Just as one flood of lawsuits against Arizona businesses finally dries up, another downpour begins. Peter Strojnik of Phoenix, the same attorney who filed more than 1,100 lawsuits that drew the attention of the Arizona...more

Snell & Wilmer

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

Snell & Wilmer on

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Franczek P.C.

Wave of ADA Public Accommodation Lawsuits Continue to Spread, Hits Illinois

Franczek P.C. on

In recent weeks, we have seen a surge in Illinois of private plaintiff lawsuits filed under the public accommodation provisions of the Americans with Disabilities Act of 1990 (ADA). Public accommodation lawsuits have been...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Identical Lawsuits Filed Against Eight Hotels Under Recent Pool Lift Regulation

The first eight reported lawsuits have been filed against eight different hotels over their alleged failure to install pool lifts for the disabled. It didn’t take long. The lawsuits rely on the Department of Justice’s (DOJ)...more

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