tester standing
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FHA tester standing – the beginning of the beginning of the end?
Even after the Supreme Court’s decision in Transunion¹ and the Fifth Circuit’s decision in Laufer v Mann Hospitality,² challenging the standing of a Fair Housing Act tester in Texas has been a hit or miss proposition depending very much on which District Judge decided the case. It has been quite possible to file almost identical motions to Continue reading
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Acheson Hotels: tester standing at the crossroads part 1.
Now that everyone (and I mean everyone¹ ) has weighed in on tester standing as presented to the Supreme Court in Acheson Hotels v Laufer I thought I might as well try to explain the issue for those who don’t live and breathe disabilities rights litigation. In my next blog I’ll look at the legal Continue reading
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ADA serial litigation – will the Supreme Court cut off the head of this snake?
Ouroboros – the snake devouring its own tail is, according to Encyclopedia Brittanica, an ancient symbol of the endless cycle of death and rebirth. It’s a little like serial litigation under the ADA, where the same old issues and plaintiffs have been appearing and re-appearing for at least a decade. Now, however, it looks like Continue reading
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When it comes to ADA tester standing in the Ninth Circuit, the truth no longer matters.
George Washington famously could not tell a lie – or so the story goes. Not all of us are so honest, and so in matters of litigation we have a method for deciding what is true – a trial. In Langer v. Kiser, 57 F.4th 1085 (9th Cir. 2023) the majority decided that the truth was Continue reading
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ADA tester standing – what three cases in four days tell us.
In the space of three days in early December four different courts took very different approaches to standing allegations by serial ADA litigants. A comparison shows there is no certainty in how the law will be applied in ADA cases at the District Court level because neither the Constitution nor the pronouncements of the Supreme Continue reading
