Laufer v Mann
-
Stigmatic injury and how the 11th Circuit got in wrong in Laufer v Arpan
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… Continue reading
-
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
