Supreme Court Agrees To Hear Appeal From First Circuit Of Website Accessibility Tester Case

On March 27, 2023, the Supreme Court granted a petition for a writ of certiorari by Acheson Hotels in Acheson Hotels, LLC v. Deborah Laufer, Case No. 21-1410. In its petition to appeal from an earlier First Circuit decision analyzed in a prior post, Acheson Hotels asks the Supreme Court to resolve the following question:

Does a self-appointed Americans with Disabilities Act “tester” have Article III standing to challenge a place of public accommodation’s failure to provide disability accessibility […]

By | July 20th, 2023 ||

USPTO Announces Director Review For Ex Parte Appeals

In a bulletin issued July 24, 2022, focused on Director Review of Patent Trial and Appeal Board (PTAB) decisions in AIA trials, the USPTO also announced the creation of “a new Appeals Review Panel (ARP), which may be convened by the Director sua sponte, to review PTAB ex parte, reexamination, or reissue appeal decisions,” and published a memorandum and updated internal operating procedures pertaining to ex parte appeals. The ARP and memorandum will be of interest to practitioners and stakeholders […]

By | July 10th, 2023 ||

On The Brink(er): In Appeal Of Closely-Watched Data Breach Class Certification, Eleventh Circuit Vacates In Part And Remands For Further Proceedings

The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class certification in a data breach class action case. The Eleventh Circuit, in a 2-1 split panel decision, vacated in part the District Court’s class certification order finding that two out of three named plaintiffs did not have Article III standing. The Eleventh Circuit then remanded […]

By | July 2nd, 2023 ||