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Seyfarth Shaw LLP

New York Federal Courts Are Not Rolling Out the Welcome Mat for Serial Plaintiffs in Website Accessibility Lawsuits Anymore

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Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more

Fox Rothschild LLP

Privacy ‘Testers’ Don’t Have Standing to Sue, Court Rules

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If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: Holiday Edition (October, November, & December 2024)

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Welcome to the nineteenth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. We are covering...more

Ballard Spahr LLP

SCOTUS keeps issue of “tester” standing alive, dismissing ADA website appeal as moot

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On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more

Ballard Spahr LLP

The Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as Moot

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On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more

Epstein Becker & Green

Do ADA Testers Have Standing? SCOTUS Takes the Easy Way Out - SCOTUS Today

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Although the Supreme Court already has heard a number of significant arguments, this term has not yet seen any major substantive opinions. This is not to say that there isn’t a lot going on at, or on the way to, the Court....more

CDF Labor Law LLP

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

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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

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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

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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

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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

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

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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

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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

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

U.S. Supreme Court to Resolve Circuit Split Over Whether ‘Testers’ Have Standing to Pursue ADA Suits

The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide...more

Ballard Spahr LLP

SCOTUS agrees to hear ADA case on standing of website tester

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Earlier this week, the U.S. Supreme Court agreed to hear a case in which the question presented is whether an Americans with Disabilities Act (ADA) “tester” has Article III standing to challenge a place of public...more

Bilzin Sumberg

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

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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

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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

FordHarrison

Standing in the Shoes of a Non-Injured Plaintiff

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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

Troutman Pepper Locke

New ADA Lawsuits Challenging Gift Card Issuers Inundate New York Federal Dockets

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Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more

Seyfarth Shaw LLP

The Seventh Circuit Holds “Indignation” Is Not An Injury-In-Fact

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Seyfarth Synopsis: In a recent decision, the Seventh Circuit agreed with the Fourth Circuit in holding that a plaintiff who is legally barred from using a credit union’s services cannot demonstrate an injury in fact that can...more

Seyfarth Shaw LLP

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

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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 Locke

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

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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

BCLP

Sixth Circuit Holds Nonmember of Credit Union Lacks Standing to Bring ADA Claim Based on Allegedly Inaccessible Website

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In Brintley v. Aeroquip Credit Union et al., Case Nos. 18-2326/2328 (August 8, 2019), the Sixth Circuit Court of Appeals issued an order dismissing an Americans with Disabilities Act (“ADA”) claim alleging that the defendant...more

Troutman Pepper Locke

California Supreme Court Decision Could Expand Standing for Website Accessibility Claims

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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

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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

Troutman Pepper Locke

Cautious Optimism for Online Retailers: NJ Federal Court Dismisses another TCCWNA Claim for Lack of Constitutional Standing

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A New Jersey federal judge dismissed a proposed class action against online retailer, J. Crew Group, Inc., alleging that the company’s website Terms and Conditions violated New Jersey’s Truth-in-Consumer Contract, Warranty,...more

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