New York Courts ADA Lawsuits Summary

for the Current Year (January - August 2023)

The Americans with Disabilities Act (ADA) was enacted with a clear mandate to ensure that all individuals receive equal access in all places of public accommodations irrespective of their distinct abilities.

While the U.S. has seen thousands of ADA lawsuits, New York has distinctly emerged as the central hub, accounting for a considerable number of these ADA legal challenges.

This increase has garnered attention, with growing apprehensions that certain consumer rights plaintiff attorneys may be capitalizing on the ADA for monetary gains rather than genuinely advocating for authentic digital inclusivity via their clients.

EcomBack has conducted an in-depth analysis of these ADA-centric lawsuits against web platforms in New York. Our analysis unveils essential insights about these legal lawsuits, highlighting their frequency, the courts in which they’re filed, the plaintiffs and the law firms representing them, industries most affected, and technical aspects concerning website platforms and overlay widgets at the time of the lawsuit filing.

New York County Courthouse building

Key Findings

New York Courts ADA Lawsuits Summary for the Current Year (Jan-Aug 2023)

The following data presents a breakdown of ADA lawsuits filed across various New York courts during the current year:

New York Courts Jan to Aug Percentage January February March April May June July August
United States District Court, New York Southern 1072 70.67% 1072 135 145 145 130 155 123 137
United States District Court, New York Eastern 344 22.68% 344 44 58 53 36 47 24 40
United States District Court, New York Northern 59 3.89% 59 3 4 5 6 0 4 31
United States District Court, New York Western 39 2.57% 39 3 2 6 2 0 5 15
Supreme Court Of The State/County of New York 3 0.20% 3 0 0 0 0 0 0 0
Total Lawsuits Filed in New York Courts 1517 100.00% 159 185 209 209 174 202 156 223

In total, a considerable number of 1,517 ADA lawsuits have been filed in New York courts this year. It’s evident from the data that the United States District Court, New York Southern, has seen the highest volume of lawsuits, highlighting it as a significant jurisdiction for ADA-related legal challenges.

Upon analyzing the monthly figures, August stands out as the month with the highest number of lawsuits filed (223), while July, with a count of 156 lawsuits filed, is the month with the lowest number.

This summary not only offers a clear snapshot of the distribution and frequency of ADA lawsuits across different courts of New York but also provides month-wise figures to analyze trends or potential spikes during specific periods.

Note: Some NY based law firms are shifting the forum to NY State Courts rather than Federal Court in recent months. Data for those lawsuits will be analyzed separately and is not accounted for here. These totals represent an undercount if anything of the volume of total lawsuits being filed in NY.

Top 18 Plaintiffs Dominating ADA Lawsuits in New York Courts

The following section highlights the 18 plaintiffs with the highest number of ADA lawsuits filed during the year. Strikingly, the lawsuits by these individuals account for almost half of the total ADA lawsuits filed in the New York courts.

Below is a detailed breakdown which shows 18 plaintiffs filed 50.63% of lawsuits.

Plaintiff Name Firm Name Jan to Aug Percentage January February March April May June July August
Jenny Hwang Mars Khaimov Law, PLLC 83 5.47% 6 5 16 22 11 8 8 7
Andrew Toro Mars Khaimov Law, PLLC 75 4.94% 9 18 14 25 6 3 0 0
Luis Toro Mars Khaimov Law, PLLC 70 4.61% 0 0 15 8 17 16 12 2
Jasmine Toro Mars Khaimov Law, PLLC 58 3.82% 7 12 3 3 6 7 10 10
Daniel Rodriguez Stein Saks, PLLC 47 3.10% 21 12 2 5 5 0 2 0
Maria Dimeglio Stein Saks, PLLC 47 3.10% 0 0 0 0 11 18 8 10
Linda Slade Shaked Law Group, P.C. 45 2.97% 3 7 8 4 5 9 3 6
Lamar Brown Mars Khaimov Law, PLLC 45 2.97% 0 14 0 20 11 0 0 0
Janelys Hernandez Law Office of Noor A. Saab 43 2.83% 0 0 21 8 4 1 5 4
Seana Cromitie Stein Saks, PLLC 36 2.37% 0 0 10 0 9 10 0 7
Kevin Yan Luis Law Office of Noor A. Saab 35 2.31% 0 2 0 8 1 3 8 13
Vincent Clement Stein Saks, PLLC 31 2.04% 0 0 7 0 6 7 5 6
Randy Sanchez Law Office of Noor A. Saab 28 1.85% 6 1 4 3 2 3 4 5
Denise Crumwell Gottlieb & Associates 27 1.78% 0 6 12 2 3 2 2 0
Juan Santana Mizrahi Kroub LLP 25 1.65% 2 0 0 0 0 0 0 23
Bryan Velazquez Stein Saks, PLLC 25 1.65% 10 8 0 0 2 5 0 0
Shivan Bassaw Mizrahi Kroub LLP 24 1.58% 1 0 2 4 3 3 5 6
Jahron Black Mars Khaimov Law, PLLC 24 1.58% 0 0 9 4 1 8 0 2
ADA Lawsuits Filed in New York by 18 Plaintiffs Only: 768 50.63% 65 85 123 116 103 103 72 101

Highlighting the key contributors:

In the vast landscape of ADA lawsuits in New York, a distinctive trend emerges when examining the activities of a subset of plaintiffs. Jenny Hwang stands out, having filed 83 lawsuits this year, representing 5.47% of the total ADA lawsuits, with Mars Khaimov Law, PLLC as her legal counsel. Close on her heels are Andrew and Luis Toro, with 75 and 70 filings, both also represented by Mars Khaimov Law, PLLC.

Another notable law firm in this domain is Stein Saks, PLLC, with clients like Daniel Rodriguez and Maria Dimeglio contributing significantly to the lawsuit tally. When combined, these 18 plaintiffs have played an instrumental role, accounting for over 50% of the 1,517 ADA lawsuits filed in New York this year. Their collective impact underscores the prominence of a few key individuals in the unfolding ADA lawsuit narrative in the state.

These figures underscore the importance of being mindful of the recurring plaintiffs and the firms representing them. Such patterns may indicate that some plaintiffs, perhaps with their associated law firms, are more active in the pursuit of ADA lawsuit claims, with motivations ranging from true advocacy for digital inclusivity to potential financial incentives.

Plaintiff Firms and ADA Lawsuits in New York

When delving into the ADA lawsuit landscape in New York, specific plaintiff firms notably dominate the scene.

Plaintiff Firm Name Jan to Aug Percentage January February March April May June July August
Mars Khaimov Law, PLLC 431 28.41% 27 52 68 94 58 52 38 42
Stein Saks, PLLC 348 22.94% 36 46 54 19 38 70 30 55
Gottlieb & Associates 204 13.45% 26 30 16 27 27 26 30 22
Mizrahi Kroub LLP 191 12.59% 44 32 18 16 14 4 20 43
Law Office of Noor A. Saab 134 8.83% 6 3 28 24 9 18 20 26
Shaked Law Group, P.C. 104 6.86% 8 13 14 12 12 24 5 16
NYE Stirling, Hale & Miller, LLP 63 4.15% 10 6 6 11 8 0 9 13
Gabriel A. Levy, P.C. 28 1.85% 2 2 4 3 2 6 4 5
The Marks Law Firm, PC 6 0.40% 0 0 1 2 2 1 0 0
Kalbian Hagerty LLP 4 0.26% 0 0 0 1 3 0 0 0
Law Office of Mitchell S. Segal P.C. 2 0.13% 0 1 0 0 1 0 0 0
Zemel Law LLC 2 0.13% 0 0 0 0 0 1 0 1
ADA Lawsuits by Plaintiff Firms in NY 1517 100% 159 185 209 209 174 202 156 223

Highlighting the key points:

Mars Khaimov Law, PLLC holds the vanguard position, having filed a substantial 431 lawsuits, which equates to 28.41% of the total ADA lawsuits this year. They’ve been particularly active during April with 94 filings.

Following closely is Stein Saks, PLLC with 348 lawsuits, making up 22.94%. Their prominence, especially in June with 70 cases, highlights their pivotal role in this legal arena.

Gottlieb & Associates and Mizrahi Kroub LLP have also staked their claims, contributing 13.45% and 12.59% respectively to the total lawsuit count. Their combined actions have significantly shaped the course of ADA legal actions over the year.

Other firms, such as Law Office of Noor A. Saab and Shaked Law Group, P.C., although having fewer numbers compared to the leading giants, still play a crucial role, constituting 8.83% and 6.86% of the lawsuits respectively.

6 firms collectively account for a staggering 93.08% of the 1,517 ADA lawsuits filed in New York.

The remaining firms, while handling fewer cases, round off the total, ensuring that all aspects of ADA compliance and possible infringement are keenly observed and acted upon.

This deep involvement of a few major players underscores their significant influence and central role in the ADA lawsuit narrative in New York. For businesses and other stakeholders, understanding the dynamics and strategies of these leading firms is essential in navigating the complexities of ADA compliance.

ADA Lawsuits and Website Accessibility across Industries

The digital presence of businesses, regardless of their location, has been under intense scrutiny this year in New York.

Industry Category Jan to Aug Percentage January February March April May June July August
Lifestyle, Fashion, Clothing & Apparel 458 30.19% 29 29 66 63 49 72 60 72
Restaurant, Food, Drinks & Beverages 188 12.39% 14 34 32 22 26 26 10 24
Medical, Health, Fitness & Sports Accessories 169 11.14% 25 23 19 19 18 15 23 27
Furniture, Ligthing, Home Decor & Kitchen Accessories 141 9.29% 23 33 21 13 16 11 6 18
Beauty, Skin & Body Care 104 6.86% 9 6 18 23 13 14 5 16
Retail & Consumer Goods 84 5.54%% 8 6 0 10 15 24 3 18
Educational, Media, Magazines & Kids Accessories 74 4.88% 17 11 12 1 7 0 12 14
Toys, Games, Gifts & Flower Shops 69 4.55% 17 12 17 7 6 6 2 2
Computer, Mobile & Electronic Accessories 51 3.36% 4 0 8 9 6 8 6 10
Travel, Hotels & Hospitality 38 2.50% 4 10 1 3 6 6 6 2
Home, Kitchen Appliances & Accessories 34 2.24% 2 0 1 15 8 7 0 1
Entertainment, Musical Instruments & Accessories 28 1.85% 4 0 2 9 0 4 6 3
Pet Care & Accessories 26 1.71% 1 0 2 4 0 3 7 9
Art & Accessories 22 1.45% 2 0 5 6 4 1 4 0
Automobiles , Car Parts, Tools & Accessories 21 1.38% 0 0 5 5 0 5 3 3
Equipment, Tools & Accessories 5 0.33% 0 3 0 0 0 0 1 1
Financial & Business Services 3 0.20% 0 0 0 0 0 0 2 1
Bath & Bathroom Accessories 2 0.13% 0 0 0 0 0 0 0 2
ADA Lawsuits in NY Courts Against Industries: 1517 100% 159 185 209 209 174 202 156 223

Highlighting the key points:

Topping the list, the Lifestyle, Fashion, Clothing & Apparel industry’s websites have seen the most ADA lawsuits, with a staggering 458 claims. This makes up 30.19% of the total lawsuits, indicating potential challenges in making fashion and lifestyle websites fully accessible.

Close on their heels, the Restaurant, Food, Drinks & Beverages sector has seen 188 lawsuits, equivalent to 12.39% of the total. Given the rise of online ordering and food delivery services, the accessibility of these platforms has become ever more essential.

The Medical, Health, Fitness & Sports Accessories websites aren’t far behind, with 169 lawsuits, underscoring the importance of ensuring digital access to health resources and products.

The focus on Furniture, Lighting, Home Decor & Kitchen Accessories websites, representing 9.29% of the total lawsuits, suggests that consumers are actively seeking online inspiration and purchase options for their homes but are encountering barriers in doing so.

While these industries have faced the brunt of ADA lawsuits regarding website accessibility, the reach of the issue spans a broad spectrum.

From Beauty, Skin & Body Care websites to those of the Travel, Hotels & Hospitality industry, every sector has its set of challenges in ensuring digital inclusivity.

The landscape of these lawsuits underscores the vital need for businesses to review and enhance the accessibility of their online platforms. As consumers increasingly rely on digital avenues for information, shopping, and services, ensuring website accessibility isn’t just a legal requisite but a vital component of modern customer service.

Monthly Summary of ADA Lawsuits Filed Against Websites with Accessibility Widgets

The persistent trend suggests that merely having an accessibility widget does not exempt websites from ADA-related scrutiny, emphasizing the importance of genuine website accessibility for all users.

22% of ADA lawsuits were filed against websites with an Overlay Widget Installed

In 2023, the number of Overlay Widget sites facing a lawsuit is shown in blue bars. Further details are provided below.

Monthly ADA lawsuits against websites using an Overlay Widget: January 47, February 58, March 49, April 41, May 30, June 34, July 34, and August 41.

Throughout the year in New York, 334 ADA lawsuits were filed against websites that had accessibility widgets installed on them.

Monthly Breakdown:

January: 47 lawsuits

February: 58 lawsuits (slight increase from January)

March: 49 lawsuits (modest decrease from February)

April: 41 lawsuits

May: Lowest monthly count with 30 lawsuits

June: 34 lawsuits

July: 34 lawsuits

August: Resurgence with 41 lawsuits

The data from New York clearly indicates that simply having accessibility widgets installed on websites does not act as a shield against ADA lawsuits. Despite the genuine intentions and efforts of website owners to make their platforms more accessible, these widgets have proven to be insufficient. The monthly breakdown reveals fluctuations in the number of lawsuits, yet the challenge remains consistent throughout the year. This emphasizes the pressing need for websites to go beyond surface-level solutions and invest in genuine, code-level modifications to ensure true accessibility. Only with a thorough and genuine approach to digital inclusivity can website owners hope to significantly reduce their vulnerability to legal challenges.

Breakdown of New York ADA Lawsuits by websites Platforms

Total ADA website Lawsuits from January to August 2023: 1,517

This observation highlights a crucial concern in the digital domain. Despite the type or popularity of the platform, whether it’s a mainstream solution like Shopify or a custom-coded site tailored to specific needs, vulnerabilities in website accessibility persist. The fact that both categories face legal challenges underscores the universal need for adherence to accessibility standards. Not only does this protect businesses from potential lawsuits, but it also ensures a seamless online experience for all users, regardless of their abilities.

Who We Are and What We Do

Based in Los Angeles, we at EcomBack pride ourselves on being a leading website accessibility service provider. Unlike many in our industry who rely on overlay widgets or plug-ins, we choose a meticulous approach. We fix websites manually at the code level using the Web Content Accessibility Guidelines (WCAG) to make them accessible and comply with the ADA, without relying on overlay widgets or plug-ins.

Our dedication to excellence in web accessibility has led us to become court-approved providers. Moreover, we are honored to be members of both the W3C and the International Association of Accessibility Professionals (IAAP), associations that emphasize our commitment to maintaining and advancing global web standards.

Our team is our backbone. We boast a diverse group of skilled accessibility web developers, seasoned auditors, and keen usability testers. Significantly, our team includes professionals with disabilities, providing us with invaluable insights and perspectives, ensuring we leave no stone unturned in our quest for full website accessibility.

We’ve successfully assisted numerous website owners in achieving their accessibility targets efficiently and effortlessly. True to our client-centric ethos, we operate on a straightforward and economical flat fee structure. For anyone considering our services, we warmly extend an offer for a free website audit and consultation call, underscoring our commitment to transparency and service excellence.

A multicolored circle with icons for the blind, the deaf, the brain-impaired, and the Web Content Accessibility Guidelines (WCAG).