News & Analysis as of

Title III Supreme Court of the United States Disability Discrimination

Seyfarth Shaw LLP

False Start: U.S. Supreme Court Declines to Decide Whether Courts May Certify Damages Classes That Include Uninjured Class Members

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On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so,...more

Seyfarth Shaw LLP

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

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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

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

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

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

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

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

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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

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

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

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

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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

Seyfarth Shaw LLP

Federal Website Access Lawsuit Numbers Increase 7 Percent in 2019, With Possible Bump from Supreme Court Denial of Cert in...

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Seyfarth Synopsis: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018.  Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s...more

Troutman Pepper Locke

Supreme Court Denies Review Of ADA Website Accessibility Case, Leaving Businesses Subject To Ninth Circuit's Guidelines

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The U.S. Supreme Court recently declined to review a Ninth Circuit Court of Appeals ruling that held that the Americans With Disabilities Act (ADA) applies to nongovernmental entity websites that have a nexus to their...more

Foley & Lardner LLP

Supreme Court Rejects Invitation to Decide Whether Your Company’s Website Must Be Accessible To Individuals with Disabilities

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Is your private sector company required by law to make its website accessible to individuals with disabilities? The answer depends on which judge you ask in which jurisdiction; different courts apply different tests. The...more

Seyfarth Shaw LLP

Plaintiff Robles Files His Opposition To Domino’s Petition For Certiorari

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Seyfarth Synopsis: The Supreme Court will decide whether to hear its first website accessibility case now that briefing on Domino’s Petition for Certiorari is complete....more

Seyfarth Shaw LLP

Supreme Court Denies Review of Rules That Vending Machines Are Not Places of Public Accommodation

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Seyfarth Synopsis: The Supreme Court declines to review a Fifth Circuit decision stating that a public accommodation covered by Title III of the ADA has to be a physical place and vending machines are not sales...more

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