ADA Website Accessibility Lawsuits December 2023 Report
ADA website lawsuits filed in December 2023
Summary
In December 2023, a total of 269 ADA website lawsuits were filed, reflecting a decrease of 13 lawsuits (4.61%) from November’s figure of 282. This downward trend may suggest a temporary slowdown in litigation activity, though the overall volume remains significant.
In terms of geographic distribution, New York (140) and California (83) remain hotspots for these lawsuits, indicating potential regulatory environments or awareness levels from judges that encourage such actions. The lawsuits also targeted various sectors, with notable activity in Lifestyle, Fashion, Clothing & Apparel (83 cases), and Medical, Health, Fitness & Sports Accessories (23).
Moreover, plaintiff concentration was a key takeaway from our monthly report recap, as 17 plaintiffs accounted for 51% of the lawsuits, with Drew Hunthausen leading with 11 cases. Perla Mageno from Manning Law, APC, remains the top plaintiff overall for the year with 172 lawsuits. Meanwhile, law firm dominance was another noteworthy finding, with five law firms filing over half (54.65%) of the lawsuits in December. Stein Saks, PLLC, and Manning Law, APC, were the most active, with 42 and 35 lawsuits, respectively.
The slight decrease in lawsuits from the previous month should not cause businesses to relax their efforts to ensure web accessibility. With the digital landscape constantly changing, it is important to take proactive measures to prevent litigation. This can be done by following ADA standards and ensuring equal access to online services for people with disabilities.
Total Federal and State Court ADA Website Lawsuit for December 2023
Number of ADA website lawsuits filed in December: New York 140, California 83, Florida 36, Pennsylvania 2, Other States 8.
17 Plaintiffs Filed 51% ADA Lawsuits in December 2023
| Number | Plaintiff Name | Plaintiff Firm Name | Number of Cases | Percentage | Jan to Dec |
|---|---|---|---|---|---|
| 1 | Drew Hunthausen | Pacific Trial Attorneys, APC | 11 | 4.09% | 57 |
| 2 | Rebecca Castillo | Manning Law, APC | 10 | 3.72% | 57 |
| 3 | Jessica Karim | Gabriel A. Levy, P.C. | 10 | 3.72% | 10 |
| 4 | Perla Mageno | Manning Law, APC | 9 | 3.35% | 172 |
| 5 | Frangie Espinal | Gottlieb & Associates | 9 | 3.35% | 42 |
| 6 | Ali Colak | Stein Saks, PLLC | 9 | 3.35% | 11 |
| 7 | James Watson | J. Courtney Cunningham, PLLC | 8 | 2.97% | 69 |
| 8 | Isabel Rendon | Pacific Trial Attorneys, APC | 8 | 2.97% | 52 |
| 9 | Colette Stroude | Stein Saks, PLLC | 8 | 2.97% | 28 |
| 10 | Victor Ariza | Roderick V. Hannah, Esq., P.A. | 7 | 2.60% | 80 |
| 11 | Luis Licea | Pacific Trial Attorneys, APC | 7 | 2.60% | 78 |
| 12 | Lynn Zelvin | Mars Khaimov Law, PLLC | 7 | 2.60% | 43 |
| 13 | Andrew Baracco | Beverly Hills Trial Attorneys, P.C. | 7 | 2.60% | 23 |
| 14 | Pedro Liz | Gabriel A. Levy, P.C. | 7 | 2.60% | 7 |
| 15 | Nelson Fernandez | Roderick V. Hannah, Esq., P.A. | 6 | 2.23% | 63 |
| 16 | Rhondine Melendez | Stein Saks, PLLC | 6 | 2.23% | 19 |
| 17 | Timothy Hernandez | Stein Saks, PLLC | 6 | 2.23% | 13 |
| 17 Plaintiffs Filed 50.19% ADA Lawsuits in December 2023 | 135 | 50.19% | 811 | ||
| 65 Plaintiffis Filed 49.81% ADA Lawsuits | 134 | 49.81% | 1196 | ||
| 269 ADA Lawsuits Filed by 82 Plaintiffs in December 2023 | 269 | 100.00% | 2007 | ||
Key Summary Points:
- The top 17 plaintiffs are responsible for 50.19% of lawsuits.
- Drew Hunthausen leads with 11 lawsuits (4.1%).
- Perla Mageno of Manning Law, APC, consistently holds the top position, leading with the highest number of lawsuits at 172 filed this year.
- New plaintiff, Jessica Karim of Gabriel A. Levy, P.C. showed significant activity with 10 cases in December.
- Plaintiff Jose Casillas, who filed 94 lawsuits from January to September, and filed zero lawsuits in October and November, returned with 1 lawsuit in December.
Top 5 Plaintiffs
Lawsuits: 49
Percentage: 18.22%
Top 10 Plaintiffs
Percentage: 33.09%
Top 20 Plaintiffs
Percentage: 55.76%
Top 50 Plaintiffs
Percentage: 86.99%
5 Law Firms Filed more than 54% of ADA Lawsuits in December 2023
| Number | Plaintiff Firm Name | Number of Cases | Percentage | Jan to Dec |
|---|---|---|---|---|
| 1 | Stein Saks, PLLC | 42 | 15.61% | 568 |
| 2 | Pacific Trial Attorneys, APC | 35 | 13.01% | 362 |
| 3 | Mizrahi Kroub LLP | 26 | 9.67% | 227 |
| 4 | Manning Law, APC | 22 | 8.18% | 316 |
| 5 | Gabriel A. Levy, P.C. | 22 | 8.18% | 65 |
| 6 | Roderick V. Hannah, Esq., P.A. | 21 | 7.81% | 182 |
| 7 | Mars Khaimov Law, PLLC | 20 | 7.43% | 568 |
| 8 | Gottlieb & Associates | 15 | 5.58% | 280 |
| 9 | Wilshire Law Firm | 9 | 3.35% | 20 |
| 10 | Law Office of Noor A. Saab | 8 | 2.97% | 216 |
| 11 | J. Courtney Cunningham, PLLC | 8 | 2.97% | 117 |
| 12 | Beverly Hills Trial Attorneys, P.C. | 8 | 2.97% | 48 |
| 13 | Shaked Law Group, P.C. | 6 | 2.23% | 128 |
| 14 | Mendez Law Offices, PLLC | 4 | 1.49% | 102 |
| 14 Law Firms Filed 91.45% of Lawsuits in December 2023 | 246 | 91.45% | 3199 | |
| 9 Law Firms Filed 8.55% ADA Lawsuits | 23 | 8.55% | 786 | |
| 23 Law Frims Filed 269 Lawsuits in December 2023 | 269 | 100% | 3985 | |
Key Summary Points:
The top five law firms collectively represent 54.65% of the total ADA website lawsuits filed in December 2023.
- Dominant Firms: Stein Saks, PLLC, and Manning Law, APC, led the filings in December with 42 and 35 lawsuits, respectively.
- Notable Declines: While the overall filings in ADA lawsuits decreased from November to December, some firms, notably Custodio & Dubey LLP and NYE Stirling, Hale & Miller, LLP, showed a considerable decrease in their contribution.
January to December Filing:
- Stein Saks, PLLC, and Mars Khaimov Law, PLLC Leads with a total of 568 lawsuits filed by each firm from January to December, demonstrating their prominent role in ADA litigation.
- Pacific Trial Attorneys, APC: Also notable with 362 lawsuits, reflecting significant involvement in ADA legal matters.
Top 5 plaintiff Firms
Lawsuits: 147
Percentage: 54.65%
Top 10 plaintiff Firms
Lawsuits: 220
Percentage: 81.78%
Top 15 plaintiff Firms
Lawsuits: 250
Percentage: 92.94%
Industries Affected by Website Accessibility Lawsuits in December 2023
| Number | Industry Category | Number of Cases | Percentage | Jan to Dec |
|---|---|---|---|---|
| 1 | Lifestyle, Fashion, Clothing & Apparel | 83 | 30.86% | 1156 |
| 2 | Medical, Health, Fitness & Sports Accessories | 23 | 8.55% | 344 |
| 3 | Furniture, Ligthing, Home Decor & Kitchen Accessories | 20 | 7.43% | 271 |
| 4 | Beauty, Skin & Body Care | 9 | 3.35% | 190 |
| 5 | Retail & Consumer Goods | 9 | 3.35% | 174 |
| 6 | Educational, Media, Magazines & Kids Accessories | 9 | 3.35% | 142 |
| 7 | Travel, Hotels & Hospitality | 7 | 2.60% | 215 |
| 8 | Toys, Games, Gifts & Flower Shops | 7 | 2.60% | 112 |
| 9 | Home, Kitchen Appliances & Accessories | 4 | 1.49% | 45 |
| 10 | Equipment, Tools & Accessories | 3 | 1.12% | 19 |
| Top 10 Industries Faced 64.68% of ADA lawsuits in December 2023 | 174 | 64.68% | 2668 | |
| Other 8 industries collectively faced 35.32% of the lawsuits | 95 | 35.32% | 328 | |
| Industries Affected by Website Accessibility Lawsuits in December | 269 | 100% | 2996 | |
ADA Lawsuits Filed By Web Platforms in December 2023
It’s crucial to understand that the initiation of these legal actions doesn’t automatically imply that the platforms used are inaccessible or non-compliant. Generally, these lawsuits revolve around how businesses have executed and sustained their websites across different platforms.
Primarily, the onus of ensuring ADA compliance rests with website owners or operators. They must ensure that their websites are accessible to all users, including those with disabilities, regardless of the platform they choose to utilize.
Shopify
An intuitive e-commerce platform for easy online store setup and management.
Percentage: 29.37%
WordPress
A flexible CMS with wide-ranging customization and extensive plugins.
Lawsuits: 50
Percentage: 18.59%
Salesforce Commerce Cloud
A cloud-based solution for large-scale, complex e-commerce needs.
Percentage: 6.32%
Magento
A scalable, open-source e-commerce platform with advanced customization.
Lawsuits: 13
Percentage: 4.83%
Other Custom Coded Websites
Tailored websites with unique features and designs for specific business requirements.
Lawsuits: 110
Percentage: 40.89%
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