OCTOBER 2023
ADA WEBSITE LAWSUITS RECAP
100
22.68%
313 ADA website lawsuits were filed in October 2023, an increase of 56 (22%) lawsuits compared to 257 lawsuits filed in September 2023.
Total Federal and State Court ADA Website Lawsuit for October 2023
16 Plaintiffs Filed 51.44% ADA Lawsuits in October 2023
| Number | Plaintiff Name | Plaintiff Firm Name | Number of Cases | Percentage | Jan to Oct |
|---|---|---|---|---|---|
| 1 | Ellen Elizabeth Tarr | Mars Khaimov Law, PLLC | 20 | 6.39% | 21 |
| 2 | Lynn Zelvin | Mars Khaimov Law, PLLC | 19 | 6.07% | 30 |
| 3 | Silvia Martinez | Stein Saks, PLLC | 13 | 4.15% | 22 |
| 4 | Pamela Hill | Beverly Hills Trial Attorneys, P.C. | 13 | 4.15% | 13 |
| 5 | Perla Mageno | Manning Law, APC | 11 | 3.51% | 143 |
| 6 | Carlton Knowles | Gottlieb & Associates | 10 | 3.19% | 10 |
| 7 | Janelys Hernandez | Law Office of Noor A. Saab | 8 | 2.56% | 51 |
| 8 | Frangie Espinal | Gottlieb & Associates | 8 | 2.56% | 33 |
| 9 | Nihal Erkan | Mars Khaimov Law, PLLC | 8 | 2.56% | 23 |
| 10 | Damon Jones | Mars Khaimov Law, PLLC | 8 | 2.56% | 8 |
| 11 | Andrew Baracco | Beverly Hills Trial Attorneys, P.C. | 8 | 2.56% | 8 |
| 12 | Alejandro Espinoza | Mendez Law Offices, PLLC | 7 | 2.24% | 78 |
| 13 | Nelson Fernandez | Roderick V. Hannah, Esq., P.A. | 7 | 2.24% | 54 |
| 14 | Luis Mercedes | Stein Saks, PLLC | 7 | 2.24% | 43 |
| 15 | Sanjay Sookul | Mars Khaimov Law, PLLC | 7 | 2.24% | 33 |
| 16 | Colette Stroude | Stein Saks, PLLC | 7 | 2.24% | 7 |
| 16 Plaintiffs Filed 51.44% ADA Lawsuits in October 2023 | 161 | 51.44% | 577 | ||
| 53 Plaintiffs Filed 48.56% ADA Lawsuits | 152 | 48.56% | 1197 | ||
| 313 ADA Lawsuits Filed by 69 Plaintiffs in October 2023 | 313 | 100.00% | 1774 | ||
Key Summary Points:
- The top 16 plaintiffs are responsible for 51.44% of lawsuits.
- Ellen Elizabeth Tarr leads with 20 lawsuits (6.39%).
- New plaintiffs like Ellen Elizabeth Tarr and Pamela Hill show significant activity.
- Plaintiff Jose Casillas, who filed 94 lawsuits from January to September, filed zero lawsuits in October
- Plaintiff Perla Mageno, who has been at the top for several months, moved to number 5 in October. She still has the highest number of lawsuits (143) filed during the year.
Top 5 Plaintiffs
Lawsuits: 76
Percentage: 24.28%
Top 10 Plaintiffs
Lawsuits: 118
Percentage: 37.70%
Top 20 Plaintiffs
Lawsuits: 185
Percentage: 59.11%
Top 50 Plaintiffs
Lawsuits: 290
Percentage: 92.65%
4 Law Firms Filed more than 50% of ADA Lawsuits in October 2023
| Number | Plaintiff Firm Name | Number of Cases | Percentage | Jan to Oct |
|---|---|---|---|---|
| 1 | Mars Khaimov Law, PLLC | 67 | 21.41% | 535 |
| 2 | Stein Saks, PLLC | 60 | 19.17% | 476 |
| 3 | Beverly Hills Trial Attorneys, P.C. | 27 | 8.63% | 27 |
| 4 | Law Office of Noor A. Saab | 26 | 8.31% | 181 |
| 5 | Pacific Trial Attorneys, APC | 25 | 7.99% | 309 |
| 6 | Gottlieb & Associates | 24 | 7.67% | 241 |
| 7 | Manning Law, APC | 17 | 5.43% | 259 |
| 8 | Roderick V. Hannah, Esq., P.A. | 14 | 4.47% | 139 |
| 9 | Mendez Law Offices, PLLC | 12 | 3.83% | 85 |
| 10 | Shaked Law Group, P.C. | 9 | 2.88% | 114 |
| 11 | J. Courtney Cunningham, PLLC | 8 | 2.56% | 109 |
| 12 | NYE Stirling, Hale & Miller, LLP | 4 | 1.28% | 111 |
| 13 | Carlson Brown Law | 4 | 1.28% | 64 |
| 14 | The Hill Law Firm | 4 | 1.28% | 8 |
| 15 | Mizrahi Kroub LLP | 3 | 0.96% | 200 |
| 15 Firms Filed 97.12% ADA Lawsuits in October 2023 | 304 | 97.12% | 2858 | |
| 6 Firms Filed 2.88% ADA Lawsuits | 9 | 2.88% | 68 | |
| 21 Law Firms Filed 313 Lawsuits in October 2023 | 313 | 100% | 2926 | |
Key Summary Points:
The top four law firms collectively represent 57.50% of the total ADA website lawsuits filed in October 2023.
- Dominant Firms: Mars Khaimov Law, PLLC, and Stein Saks, PLLC, led the filings in October with 67 and 60 lawsuits, respectively, indicating their continued dominance in ADA litigation.
- Overall Increase with Notable Declines: While the overall filings in ADA lawsuits increased from September to October, some firms, notably Mizrahi Kroub LLP, NYE Stirling, Hale & Miller, LLP, Carlson Brown Law, and Shaked Law Group, P.C., showed a considerable decrease in their contribution.
- Mizrahi Kroub LLP’s Steep Decline: Mizrahi Kroub LLP’s total filings up to October were 200, a decline shown in their earlier activity (6 lawsuits in September and 3 in October).
- Shaked Law Group, P.C.’s Diminished Role: Despite their earlier activity, Shaked Law Group, P.C. filed only 9 lawsuits in October, contributing to a total of 114 up to that month.
- NYE Stirling, Hale & Miller, LLP’s Reduced Activity: This firm’s total filings till October were 111, with a reduced presence in October (4 lawsuits) compared to earlier months.
- Carlson Brown Law’s Decreased Filings: As of October, Carlson Brown Law had filed a total of 64 lawsuits throughout the year, with 4 of these lawsuits filed in October.
Top 5 plaintiff Firms
Lawsuits: 205
Percentage: 65.50%
Top 10 plaintiff Firms
Lawsuits: 281
Percentage: 89.78%
Top 15 plaintiff Firms
Lawsuits: 304
Percentage: 97.12%
Industries Affected by Website Accessibility Lawsuits in October 2023
| Number | Industry Category | Number of Cases | Percentage | Jan to Oct |
|---|---|---|---|---|
| 1 | Lifestyle, Fashion, Clothing & Apparel | 91 | 29.07% | 997 |
| 2 | Restaurant, Food, Drinks & Beverages | 67 | 21.41% | 731 |
| 3 | Medical, Health, Fitness & Sports Accessories | 27 | 8.63% | 295 |
| 4 | Educational, Media, Magazines & Kids Accessories | 24 | 7.67% | 111 |
| 5 | Furniture, Ligthing, Home Decor & Kitchen Accessories | 21 | 6.71% | 223 |
| 6 | Travel, Hotels & Hospitality | 18 | 5.75% | 203 |
| 7 | Financial & Business Services | 15 | 4.79% | 20 |
| 8 | Beauty, Skin & Body Care | 10 | 3.19% | 166 |
| 9 | Retail & Consumer Goods | 10 | 3.19% | 153 |
| 10 | Computer, Mobile & Electronic Accessories | 6 | 1.92% | 73 |
| Top 10 Industries Faced 92.33% of ADA lawsuits | 289 | 92.33% | 2972 | |
| Other 6 industries collectively faced 7.67% of the lawsuits | 24 | 7.67% | 342 | |
| Industries Affected by Website Accessibility Lawsuits in October 2023 | 313 | 100% | 3314 | |
ADA Lawsuits Filed By Web Platforms in October 2023
It’s important to note that the filing of these lawsuits is not a reflection of the inherent inaccessibility or non-compliance of the platforms themselves. Instead, these cases are typically related to how businesses have implemented and maintained their websites on these platforms.
The responsibility for ensuring ADA compliance often lies with the website owners or operators, who must ensure that their sites, regardless of the platform used, are accessible to all users, including those with disabilities
Shopify
An intuitive e-commerce platform for easy online store setup and management.
Lawsuits: 100
Percentage: 31.95%
WordPress
A flexible CMS with wide-ranging customization and extensive plugins.
Lawsuits: 70
Percentage: 22.36%
Salesforce Commerce Cloud
A cloud-based solution for large-scale, complex e-commerce needs.
Lawsuits: 11
Percentage: 3.51%
Magento
A scalable, open-source e-commerce platform with advanced customization.
Lawsuits: 12
Percentage: 3.83%
Other Custom Coded Websites
Tailored websites with unique features and designs for specific business requirements.
Lawsuits: 120
Percentage: 38.34%
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