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Miles & Stockbridge P.C.

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

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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

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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

Seyfarth Shaw LLP

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

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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

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

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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

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

A Status Update on Hotel Reservations Website Lawsuits

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Seyfarth Synopsis: Hotels have been fighting a tsunami of hotel reservations website lawsuits with good results so far....more

Seyfarth Shaw LLP

Two Hotels Secure Dismissals of Hotel Reservations Website Lawsuits Brought by California Serial Plaintiffs’ Firm

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Seyfarth synopsis:  A federal judge dismisses the first two of hundreds of pending lawsuits filed against hotels for allegedly not providing enough accessibility information on their reservations websites....more

Seyfarth Shaw LLP

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

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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

Foster Garvey PC

OTA & Travel Distribution Update: Google’s popular vertical search features; third-party distribution sites dominate keyword...

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This week’s Update again features number of stories on Google, including an update on last week’s story detailing Google’s recent addition of direct links to competitors’ travel sites. Last but not least, as most of you...more

Seyfarth Shaw LLP

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

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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

Foster Garvey PC

OTA & Travel Distribution Update: Proposed legislation targets resort fees; Booking.com as the latest target of consumer watchdog

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Consumer protection concerns are a re-occurring theme in this week’s Update. Proposed Legislation Targets Resort Fees - ("House Bill Would Halt Undisclosed Resort Fees," Benzinga.com on Sep 27, 2019) This past...more

Foster Garvey PC

OTA & Travel Distribution Update: Marriott and Expedia reach landmark deal; TripAdvisor seeks to provide more transparency in...

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This week’s Update is by far one of the most substantive Updates we’ve had in some time. Enjoy....more

Foster Garvey PC

OTA & Travel Distribution Update: Expedia gets tough with United amidst ticket-distribution costs battle; Trivago's recent changes...

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Expedia Gets Tough - ('Expedia sues United in fight over ticket-distribution costs," Seattle Times - Business, February 6, 2019) Although several sources reported late Friday that Expedia and United have agreed to...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

Foster Garvey PC

OTA & Travel Distribution Update:  Global distribution systems noted by appeals court as being 'rather backwards'; German...

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This week’s Update features a variety of stories on traditional GDS, metasearch and wholesale channels. Enjoy....more

Dorsey & Whitney LLP

Only in Canada, eh? Canada’s Broad Interpretation of Trademark “Use” Gives U.S. Retailers A Big Leg Up

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Two recent decisions of the Federal Court of Canada pave the way for U.S. and other non-Canadian businesses to secure and maintain trademark rights for their retail or hotel operations even where they do not have a bricks and...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

Foster Garvey PC

OTA & Travel Distribution Update - CMA initiates enforcement action against booking sites; Hoteliers seek dismissal of anti-trust...

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This week’s Update features a number of “legal” updates to stories we have been following for some time. Enjoy....more

Foster Garvey PC

OTA & Travel Distribution Update - Keyword restrictions - Part II: 1-800 Contacts case; Trivago's strikethrough pricing practices...

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This week’s OTA & Travel Distribution Update for the week ending April 27, 2018 is below. This week’s Update features a wide variety of stories. I hope you enjoy....more

Foster Garvey PC

OTA & Travel Distribution Update - Airbnb continues its evolution into a traditional lodging company and/or distributor; Priceline...

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This week’s OTA & Distribution Update for the week ending February 23, 2018 is below. Other than Airbnb’s much publicized rollout of its 53 new product lines (an exaggeration, but not by much), last week was a relatively slow...more

Foster Garvey PC

OTA & Travel Distribution Update - Airbnb announces first outside board member; California litigation against Airbnb not over yet;...

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This week’s OTA & Travel Distribution Update is below and features a number of stories on Airbnb and its many recent announcements. There seems to be no end to the news coming out of Airbnb these days as it prepares for an...more

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