By Minh N. Vu
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 business.
“Does a self-appointed Americans with Disabilities Act ‘tester’ have Article III standing to challenge a place
Continue Reading SCOTUS Agrees to Resolve A Circuit Split on Tester Standing in ADA Title III CasesSeyfarth Synopsis: Plaintiffs secure a second judgment in a federal website accessibility lawsuit while most of the others successfully fended off motions to dismiss.
2018 has been a bad year for most businesses that have chosen to fight website accessibility cases filed under Title III of the ADA. Plaintiffs filing in federal court secured their second judgment on the merits
Continue Reading Defendants Fighting Website Accessibility Cases Face An Uphill Battle In 2018
Seyfarth Synopsis: A state court has granted the Arizona Attorney General’s Motion To Dismiss approximately 1,700 Arizona access lawsuits on grounds that the organizational and individual plaintiffs lacked standing to sue.
As we previously reported here, the Arizona Attorney General responded to a surge of approximately 1,700 access suits filed in that state’s courts by moving to consolidate, to
Continue Reading Arizona Attorney General Secures Dismissal of 1,700 Lawsuits By Serial Plaintiffs
Seyfarth Synopsis: A disability advocacy group behind approximately 1,700 Arizona access lawsuits breaks new ground by filing suit against the Arizona Attorney General, in an unusual counter-attack to the AG’s motion to dismiss those cases for lack of standing.
As we previously reported here, the Arizona Attorney General (“AG”) responded to a surge of access suits filed in that
Continue Reading Battle Between Arizona Attorney General And Serial Lawsuit Filer Heats Up
Seyfarth Synopsis: The U.S. Supreme Court’s recent Spokeo decision may lead to more careful scrutiny of whether ADA Title III plaintiffs have a sufficiently “concrete” injury to confer jurisdiction in federal court.
As reported in previous posts, some courts have, in recent years, bent over backwards to find that plaintiffs with no legitimate reason to visit a business,
Continue Reading Spokeo May Raise the Bar for Standing in ADA Title III Cases
By Minh N. Vu
The Florida federal courts may be getting tired of the boilerplate complaints filed by serial plaintiffs with dubious standing. In Palo v. GM Esplanade, LLC et al. (Case No. 2:12-cv-00103-JES-SPC), United States District Judge John Steele dismissed a lawsuit filed by an allegedly disabled plaintiff who claimed to have visited a shopping mall, said he intended
Continue Reading Florida Federal Courts Taking the Initiative to Dismiss Boilerplate Complaints of ADA Title III Serial Plaintiffs