Can the 11th Circuit hold back the tide as King Cnut famously failed to do?² In Laufer v. Arpan LLC, 2022 WL 906511 (11th Cir. Mar. 29, 2022) the 11th Circuit disagreed with the Fifth, Tenth and Second Circuits concerning the injury sufficient to satisfy the standing requirements in Article III of the Constitution. If the case goes to the Supreme Court the 11th Circuit is likely to get its feet wet on Article III standing, but of more interest is the Court’s failure to consider whether the plaintiff had even suffered a statutory injury; that is, did she suffer the kind of injury Title III of the ADA was intended to prevent? If there was no statutory injury then the question of constitutional injury never arises. More
Accessibility Litigation Trends
DOJ Guidance on Website Accessibility and the ADA – it still could be worse
By Richard Hunt in Accessibility Litigation Trends, ADA Internet, ADA Internet Web, ADA Web Access Tags: ADA defense, DOJ Guidance on Website Accessibility, website accessibility
On March 18 the Department of Justice published its Guidance on Web Accessibility and the ADA. Anything that helps businesses understand their ADA obligations is helpful, but the fact that this Guidance was posted on the beta site of ADA.gov tells you that even DOJ has low expectations. Those low expectations are justified because the Guidance doesn’t define website accessibility and therefore does nothing to help businesses have certainty about their compliance with the law. More
ADA and FHA Quick Hits – it could be worse edition
By Richard Hunt in Accessibility Litigation Trends, ADA - drive-by litigation, ADA - Hotels, ADA - Standing, FHA, FHA definition of handicap, FHA Emotional Support Animals, HOA, Uncategorized Tags: ADA defense, Emotional Support Animal, FHA Defense, serial litigation
Pictures of bombed out buildings and civilian casualty counts are a reminder that aggravating and expensive as ADA and FHA lawsuits can be, taking these disputes to court is a luxury most people in the world do not enjoy. For those of us who can engage in a civilized discussion of legal issues, here are the latest cases and other news. You’ll see where I think the courts and administration have gone wrong, but I’d rather be here than most of places in the news these days.
HUD and DOJ pushing hard on ESA cases.
ADA and FHA Quick Hits – Not quite President’s Day edition part 1
By Richard Hunt in Accessibility Litigation Trends, ADA - drive-by litigation, ADA - serial litigation, ADA - Standing, FHA, Uncategorized Tags: ADA defense, ADA intent to return, ADA Mootness, ADA standing, ADA website nexus, FHA Defense, unruh act, website accessibility
The last six weeks have seen some important or at least interesting decisions under the Fair Housing Act and Title III of the ADA. If there is any common thread, it is that courts in general seem increasingly reluctant to give serial plaintiffs the benefit of the doubt on dubious pleadings while some judges continue to treat private enforcement as a legitimate means to advance the policy goals of these statutes. This is part 1 of a 2 part blog, so stay tuned . . . More
Looking backward and looking forward – ADA and FHA prognostications
By Richard Hunt in Accessibility Litigation Trends, ADA - serial litigation, ADA Internet Web, ADA Website Accessibility, FHA Tags: ADA defense, Denaryle Williams, FHA Defense, Pursuit of Justice, Pursuit of Respect, Transunion v Ramirez, Winn-Dixie
Janus, the Roman god who gave his name to January, famously had two faces, one looking to the future and the other looking back. I’m a little late for the New Years predictions and 2021 wasn’t all that much fun, but as long as we are still in Janus’ month I thought I would briefly provide some observations about what the old man in the beard has seen and what his younger counterpart is likely to see.
There were important decisions about standing from the Fifth Circuit¹ and the Supreme Court² but neither seems to have slowed the pace of ADA filings. A brand new ruling from the 10th Circuit that agrees with the Fifth Circuit that testers do not have standing as such(7) probably won’t have any effect either. This is because ADA lawsuits are filed to be settled, and the cost of settlement is ordinarily lower than the cost of even the cheapest effective defense. I believe the settlement value of ADA website cases has declined because they have always cost more to settle than run-of-the mill drive-by cases, but they are likely to still have a good ROI for plaintiffs’ firms and as long as the business is profitable it will continue. More