Back in 2022 a plaintiffs’ firm filed a national class action in Florida against Starbucks claiming that it discriminated against those with lactose intolerance by charging extra from non-dairy milk alternatives. The case progressed in fits and starts, as most such cases do, until February 27 of this year, when the Court gave the plaintiffs
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ADA and FHA Standing – good news, bad news and a twist
I don’t usually blog about my own cases because it requires that I put in a disclaimer.¹ However, a trio of district court decisions, including two in cases where I represent the defendant, justify another look at standing after Transunion and the Laufer cases.²
I’ll start with the good news of an apparent trend in…
Kiosks and the ADA – evaluating the risk after Davis v Lab Corp
Circuit court decisions on ADA cases are sparse when compared to the number of suits filed, and cases involving self-service kiosks are rare, so it isn’t surprising the Ninth Circuit’s decision in Davis et al v. Laboratory Corp. of America Holdings, Case No. 22-55873 (Ninth Circuit, February 8, 2024) has gotten a good deal of attention.…
Acheson Hotels – I had to say something
My Google News feed has had dozens, maybe hundreds of articles about the Supreme Court’s decision to dismiss the Laufer v Acheson Hotels case. When written by disability rights advocates the positions are what you’d expect; either “whew we dodged a bullet” or “Laufer has standing and the Court saved itself from a horrible mistake.” Business…
FHA indemnity and contribution – another step in the right direction
On October 13, 2023, Magistrate Judge Peter Bray of the Southern District of Texas released a Memorandum and Order that analyzes the reasons for permitting an owner of multi-family properties to bring in every party that contributed to an FHA design/build violation. It is the right decision for the right reason, but also provides an…
Acheson Hotels – tester standing at the crossroad 2.
In my last blog I looked at why testers became embedded in the enforcement of civil rights laws from a practical standpoint. Now it’s time to look at the law of standing as it relates to testers.¹
The Supreme Court recognized long ago that Article III of the Constitution only gives federal courts the right…
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…
California versus the Constitution – who can regulate internet accessibility?
Several other sources have reported on recent legislation in California that would establish WCAG 2.1 AA as the minimum accessibility requirement for websites that do business in California.¹ The bill is a disaster in many ways, but rather than look at its many individual flaws I think it is useful to ask whether the entire…
Georgia Court of Appeals rejects HUD’s position on pet fees
HUD has consistently taken the position that a landlord can never charge pet rent or a pet deposit for a service or assistance animal.¹ It is not a position that makes any sense although HUD has held it for a long time.² In Leslie v. 1125 Hammond, LP, 2023 WL 3858575 (Ga. App. June 7,…
Indemnity and Contribution under the Fair Housing Act
A recent decision from the Northern District of New York has a useful summary of the law of contribution and indemnity in Fair Housing Act cases. Clover Communities Beavercreek, LLC et al v. Mussachio Architects P.C. et al, 2023 WL 3864965 (N.D.N.Y. June 7, 2023). For the plaintiffs, who were developers and owners, there is…