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Stigmatic injury and how the 11th Circuit got in wrong in Laufer v Arpan

April 5, 2022 By Richard Hunt in Accessibility Litigation Trends, ADA - Hotels, ADA - serial litigation, ADA - Standing, ADA Internet Web Tags: ADA defense, Article III standing, FHA Defense, Laufer, Laufer v Looper, Laufer v Mann

King Cnut rebukes his courtiers for believing he can control the tideCan 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


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DOJ Guidance on Website Accessibility and the ADA – it still could be worse

March 21, 2022 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


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ADA and FHA Quick Hits – it could be worse edition

March 10, 2022 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

Flag of UkrainePictures 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.

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ADA and FHA Quick Hits – Not quite President’s Day edition part 1

February 7, 2022 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

Picture of Mount RushmoreThe 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


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Laufer v Looper – the death of tester standing, and not just in ADA cases.

January 17, 2022 By Richard Hunt in ADA - drive-by litigation, ADA - Standing Tags: ADA defense, ADA standing, FHA Defense, FHA standing, Laufer v Looper, Transunion v Ramirez

picture of Hamlet with the skull of YorickI’m the last of the ADA bloggers to discuss Laufer v Looper, 21-1031, 2022 WL 39072, at *6 (10th Cir. Jan. 5, 2022) but reading the analysis by Bill Goren (Is Tester Standing a Thing When it Comes to Title III of the ADA) and Seyfarth Shaw (A Status Update on Hotel Reservations Website Lawsuits) has given me some perspective on what the decision means for tester standing in ADA and FHA cases. I think the discussion of tester standing in Laufer v. Looper exposes the fatal flaw in all tester standing cases; that is, testers never suffer the kind of injury that is now required by the Supreme Court to meet the requirements of Article III. Like Yorick, a fellow of infinite jest who bore young Hamlet a thousand times, tester standing should be dead (5).

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Richard M. Hunt


Hunt Huey PLLC
3010 Mountain Ash Court
Garland, Texas 75044
972-675-2236 phone
214-279-6124 fax
rhunt@hunthuey.com

I defend businesses nationwide in ADA and FHA accessibility lawsuits and consult with businesses and other attorneys concerning how to promptly and effectively deal with ADA and FHA demands, minimize litigation risk, and obtain meaningful compliance with the ADA and FHA. For more information about this feel free to email me at rhunt@hunthuey.com or visit our firm web site, hunthuey.com

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  • Can an ADA website accessibility claim be mooted? April 21, 2023
    In ADA website litigation failure  can teach us as much as success, and the plaintiff’s failure in Tavarez v. Extract Labs, Inc., 2023 WL 2712537, at *2 (S.D.N.Y. Mar. 30, 2023) is no exception.¹ Before getting into the details, here’s a primer on the doctrine of “mootness.” Article III of the Constitution gives federal courts […]
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