News & Analysis as of

Title III Article III

Seyfarth Shaw LLP

Plaintiffs Filed More than 8,200 ADA Title III Federal Lawsuits in 2023

Seyfarth Shaw LLP on

Seyfarth Synopsis: In 2023, the number of ADA Title III lawsuits filed in federal court declined but still exceeded 8,200 for a second year in a row....more

CDF Labor Law LLP

With Fourth and Inches, SCOTUS Punts Standing Issue of ADA Accommodation “Testers”

CDF Labor Law LLP on

The Supreme Court of the United States (SCOTUS) issued its much anticipated ruling in Acheson Hotels, LLC v. Laufer vacating the matter as moot. Doing so, SCOTUS left private business owners grappling with the existing...more

Seyfarth Shaw LLP

SCOTUS Punts on Whether ADA “Testers” Have Standing in Acheson v. Laufer

Seyfarth Shaw LLP on

Seyfarth Synopsis:  SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar....more

Dorsey & Whitney LLP

The Supreme Court Update - December 5, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued one decision: Acheson Hotels, LLC v. Laufer, No. 22-429: Deborah Laufer sued hundreds of hotels under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §...more

Seyfarth Shaw LLP

SCOTUS Hears Oral Argument in Acheson v. Laufer

Seyfarth Shaw LLP on

Seyfarth Synopsis:  SCOTUS asked revealing questions in Wednesday's Acheson v. Laufer oral argument, but left attendees wondering whether the Court will provide much-needed guidance on the so-called “tester standing” issue...more

Seyfarth Shaw LLP

SCOTUS Refuses to Dismiss Acheson Hotels v. Laufer Case Before Oral Argument Set For October 4

Seyfarth Shaw LLP on

Synopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing....more

Seyfarth Shaw LLP

Plaintiff-Friendly New York Courts Change Course in Three Recent Decisions in Website Accessibility Cases

Seyfarth Shaw LLP on

Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing....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

Bilzin Sumberg

U.S. Supreme Court to Decide Future of ADA Hotel Litigation

Bilzin Sumberg on

Earlier this week, the U.S. Supreme Court announced it will hear the case of Acheson Hotels, LLC v. Laufer  and finally resolve the question of whether “tester” plaintiffs have standing to sue a hotel company that fails to...more

Seyfarth Shaw LLP

SCOTUS Agrees to Resolve A Circuit Split on Tester Standing in ADA Title III Cases

Seyfarth Shaw LLP on

Seyfarth Synopsis: SCOTUS grants certiorari on an ADA Title III case for the first time in 18 years to resolve a circuit split on whether an ADA plaintiff has standing to sue without having any intention of frequenting the...more

Burr & Forman

Federal Appeals Court Chastises Cookie-Cutter ADA Title III Complaints and Tactics

Burr & Forman on

In Calcano v. Swarovski North America Ltd., the Second Circuit Court of Appeals consolidated five ADA Title III actions brought by the same law firm for alleged failures to offer braille gift cards. After consolidating the...more

FordHarrison

Standing in the Shoes of a Non-Injured Plaintiff

FordHarrison on

On March 18, 2022, the Second Circuit (covering New York, Connecticut, and Vermont) dismissed a claim under Title III of the Americans With Disabilities Act (ADA) for lack of standing, holding that a website “tester” who...more

Jones Day

Helms-Burton Act Lawsuit Dismissed for Lack of Article III Standing

Jones Day on

In a ruling of first impression, the United States District Court for the Northern District of Texas dismissed for lack of Article III standing a Helms-Burton Act lawsuit alleging that American Airlines "trafficked" in...more

Epstein Becker & Green

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA...

Epstein Becker & Green on

For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more

Seyfarth Shaw LLP

California Court Of Appeal’s Midvale Decision Opens The Floodgates For More Website Accessibility Lawsuits

Seyfarth Shaw LLP on

Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA....more

Troutman Pepper

California Appellate Court Adopts Broad Standing for Claims Based on Asserted ADA Violations

Troutman Pepper on

The California Supreme Court recently issued a ruling in White v. Square, Inc. that suggested standing to assert claims against websites for violations of the Unruh Civil Rights Act will be interpreted very broadly. In a case...more

Troutman Pepper

California Supreme Court Decision Could Expand Standing for Website Accessibility Claims

Troutman Pepper on

Evolving case law regarding website accessibility under the Americans with Disabilities Act (ADA) and comparable state laws continues to impact companies across the country. In the past, courts have required plaintiffs to...more

Seyfarth Shaw LLP

Fourth Circuit Says Inability To Get Information From Website, Without More, Is Not Enough To Establish Standing To Sue

Seyfarth Shaw LLP on

Seyfarth Synopsis: Courts in the Fourth Circuit are taking a hard look at a plaintiffs’ standing in website accessibility cases. In a small but potentially important victory for defendants facing website accessibility...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide