A Ninth Circuit panel of judges reversed a lower court’s decision, ruling that a California man’s litigation history cannot be used to question his credibility in regards to his current ADA lawsuit over accessible parking at a lobster shop.
February 16, 2023
The Restaurant Law Center and its co-amici filed a brief in support of the Defendants’ petition for a rehearing en banc. We are arguing that the panel decision in Langer v. Kiser et al. eliminates virtually all standing requirements for self-proclaimed serial plaintiff “testers,” in direct contravention of the clear and recent pronouncements of the U.S. Supreme Court and the Ninth Circuit Court. If it is not overturned, the decision will cause serial plaintiffs to file thousands more ADA Title III lawsuits. In our view, the decision’s elimination of fundamental, constitutional standing requirements makes this case one of exceptional importance warranting en banc review.