Court chastises cookie-cutter ADA Title III complaints and tactics

November 2022 employment law letter

Authors:

Joseph Barnello and H. Carlton Hilton, Burr Forman LLP

In a case from earlier this year, the U.S. 2nd Circuit Court of Appeals consolidated five Americans with Disabilities Act (ADA) lawsuits filed by the same law firm for retail stores’ alleged failures to offer braille gift cards. The court took the opportunity to address what it deemed a significant problem: cookie-cutter complaints in suits filed under Title III of the ADA.

Proving ‘standing’ under Title III

To be able to file suit, the individual must have standing (the legal right) to raise the issues presented. To establish standing, he must show the defendant caused an injury that can be resolved by the requested judicial relief.

Specifically, the 2nd Circuit applies the following test to determine whether a plaintiff has suffered an injury that warrants relief under Title III of the ADA:

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