District of Maine

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

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At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to bring her ADA claims. The decision came as no surprise following the Justices’ sharp focus on mootness during oral argument in October. Our earlier posts provide coverage of that oral argument and the petition for appeal. At the time of oral argument, it was uncertain whether the Court would rest its decision concerning jurisdiction on mootness or standing. That question has now been resolved.

Laufer’s Unusual Controversy and Procedural History

The Court’s decision rested on the unique procedural posture of the case. Acheson filed its appeal following the First Circuit’s decision that Laufer demonstrated sufficient injury to have Article III standing to pursue her ADA claims against a hotel with alleged accessibility

District of Maine Applies the First Circuit’s Murray Decision to Approve Class Action Settlement

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In early 2023, the District of Maine was the first district court to apply and interpret a recent and notable First Circuit ruling that should be top-of-mind for class action attorneys and litigants seeking approval of settlements for cases brought on behalf of multiple plaintiff classes and including class representative incentive awards.

That notable First Circuit class action decision from December 2022 was Murray v. Grocery Delivery E-Services USA, Inc., 55 F.4th 340 (1st Cir. 2022), in which the appellate court considered a challenge to the approval of a class action settlement under Federal Rule 23(e).

The First Circuit Scrutinizes Multi-Class Settlements and Deepens the Circuit-Court Divide on Incentive Awards

In Murray, with a 31-page opinion written by Judge Kayatta, the First Circuit vacated the district court’s approval of the proposed settlement and remanded for further proceedings. The case is particularly noteworthy for its determination that members of different classes required separate