ADA standing
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Transunion v Ramirez – has the Supreme Court put an end to cheap standing in ADA litigation?
Almost every claim brought under Title III of the Americans with Disabilities Act raises standing issues because, in almost every case, the lawsuit is the result of a plaintiff, usually sponsored by a law firm, seeking out an ADA violation in order to make money off a quick settlement.¹ The Supreme Court’s June 25, 2021… Continue reading
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Tester standing under the ADA – Getting it wrong, getting it right, and an interesting but irrelevant analysis.
Three cases in the last thirty days look at ADA standing and reach different conclusions about what the Constitution and the ADA require. For victims of serial litigation and for courts interested in the coherent application of the text of the ADA and similar statutes these are crucial cases.² Continue reading
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Quick Hits – Christmas in September
The title of today’s blog recognizes the gift bestowed by Judge Nannette Brown on everyone interested in the ADA in all its many details. Bailey v. Bd. of Commissioners of Louisiana Stadium and Exposition Dist., 2020 WL 5309962 (E.D. La. Sept. 4, 2020) is the latest of Judge Brown’s decisions concerning the dispute over stadium… Continue reading
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Uber, arbitration and the ADA – the 9th Circuit weighs in.
The August 24 decision in Naminsnak et al v. Uber Technologies, Inc. Case No. 18-15860 (9th Cir. August 24, 2020) is interesting for many reasons, so I’m glad my fellow blogger Bill Goren forwarded the opinion.¹ The short version is that Uber was sued because it did not make accessible cars available in New Orleans and… Continue reading
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Injury without recourse – a primer on ADA standing from the 7th Circuit
One of the problem disability rights organizations face when they try to create sweeping change through litigation is that laws like the ADA protect individuals and redress individual injuries. The Supreme Court has recognized something called “organizational standing” that recognizes the harm an organization may suffer from illegal discrimination, but the Seventh Circuit’s recent decision… Continue reading
