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10th Circuit win for Laufer v. Looper, No. 21-1031, 2022 BL 3376 (10th Cir. Jan. 5, 2022)

Posted by Stephen B. Rotter | Jan 10, 2022 | 0 Comments

In the late summer of 2020, Deborah Laufer sued Randall and Cynthia Looper, owners of the Elk Run Inn, in the U.S. District Court of Colorado in addition to approximately 50 other motels throughout Colorado, claiming the motel websites lacked accessibility information in violation of the Americans with Disabilities Act Title III.

The Court dismissed Laufer's complaint based on lack of standing, concluding her allegations were not concrete or particularized which are necessary elements to bring a lawsuit.  Laufer appealed the ruling and, on January 5, 2022, the 10th Circuit Court of Appeals affirmed the trial court's ruling finding Laufer did not have standing because she suffered no injury-in-fact.  It found that simply because Laufer alleged a statutory violation did not give her a right to sue the defendant motels; instead, she needed to demonstrate a concrete injury to satisfy Article III standing requirements.

The case was argued by Stephen Rotter of The Workplace Counsel; Stephen and co-counsel, Jennifer Gokenbach, handled the underlying case and drafted appellate court briefs.

Here is the full opinion: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110627575.pdf

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