Sales of electric and hybrid vehicles are on the rise, as is the need for electric vehicle charging stations (EVCS) to charge those vehicles. More and more, we see hotels, hospitals, theaters, shopping centers, stadiums, apartment communities, and other commercial establishments that provide EVCS as a service to their guests,…
Declining to exercise supplemental jurisdiction, the United States District Court Central District of California (Central District) is addressing high frequency litigants who file lawsuits in federal court alleging violations of the Americans with Disabilities Act (ADA). The Central District has been inundated with ADA lawsuits by California plaintiffs. According to…
In a unanimous published opinion, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) affirmed the District Court’s dismissal of Whitaker v. Tesla Motors, for failure to state a claim of an action under Title III of the Americans with Disabilities Act (ADA). This case may have…
We previously warned the hotel industry of the inevitable explosion of ADA website lawsuit filed against hotels. Well, that time is here. In 2020, we saw a surge of lawsuits filed against those in the hotel industry, alleging the failure to comply with 28 C.F.R. Section 36.302 (e) of the…
The Court Dismisses ADA Lawsuit for Lack of Standing – Proving Once Again These Cases Can Be Won Anthony Bouyer v. LAXMI Hospitality, LLC By Martin H. Orlick It’s important to remember federal courts are courts of limited jurisdiction. That limited jurisdiction derives from Article III of the U.S. Constitution.…
In 2020, we saw an explosion of federal lawsuits against hotels alleging that they failed to comply with 28 C.F.R. 36.302(e) of the Americans with Disabilities Act (ADA) by not identifying accessible features on their own and third party booking agents’ websites. Twice this year, we reported that ADA website…
Emotional Support Animals Now Banned on Commercial Flights — Airlines are Crying “Woof” News accounts abound of passengers bringing a variety of so-called “emotional support” animals aboard commercial air flights. Who hasn’t seen a cute, expensive dog, cat or other animals on flights? And we have also heard about passengers…
Federal Judges Deal Further Blows to Deborah Laufer’s Nationwide ADA Lawsuits Against the Hospitality Industry: ADA Lawsuits Are Defensible by Martin H. Orlick On June 8, 2020, we reported on the opinions of a New York federal judge that 30 of Deborah Laufer’s Complaints had no place in federal court. …
In a case indicating that courts may be weary of serial plaintiffs filing multiple cookie-cutter lawsuits, a United States District Judge in the Northern District of New York has ordered a plaintiff to show that she has standing to bring ADA hotel website accessibility lawsuits to federal court. The disabled…
See Part 1 – What you need to know about how we got here See Part 2 – Rights to due process and standing requirements This article was first published by Law360® Expert Analysis, © 2019 Portfolio Media Group Inc. and is reprinted with permission. ADA website litigation against the…