Back on November 1, 2023, we posted about a case before the Supreme Court that could have broad implications on the Americans with Disabilities Act (ADA), and tester cases, Acheson Hotels LLC v. Laufer.
The Supreme Court, in a unanimous opinion, has now dismissed the case, finding that the original issue presented before the court was no longer relevant because the original suit between the parties had been dismissed. The Court added the case to its docket in March intending to answer whether Ms. Laufer had standing to bring her case. However, over the summer, Ms. Laufer filed a motion to have the case dismissed after her previous attorney was suspended from legal practice and has stated that she does not intend to bring any further suits.
The majority opinion from the Court was written by Justice Amy Coney Barrett. The Court found that the case was moot, and therefore, should be dismissed.
Critically, the opinion from the Court noted that the Court may exercise their discretion differently in future cases, which could mean they may decide later on the validity of “tester” cases such as Ms. Laufer’s. Cases like this one will continue to be an issue due to the circuit split across the country. Not all of the federal Courts of Appeal agree over whether such “tester” suits have standing, and so long as the debate exists, cases will continue to be brought. We can very likely expect that this question will come before the Supreme Court again in the future.
