ADA ‘Tester’ Standing Case Evades U.S. Supreme Court Review—For Now
By Todd Rosenbaum & Sebastian Navarro
Federal Civil Practice,
February 2024
As the United States Supreme Court was on the cusp of resolving a circuit split concerning the propriety of “tester” standing under Title III of the Americans with Disabilities Act, the self-avowed ADA tester who was responsible for creating the circuit split by filing lawsuits in numerous jurisdictions voluntarily dismissed the case on appeal from the U.S. District Court for the District of Maine.
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