September 2023
ADA Website Lawsuits Recap
257 ADA website lawsuits were filed in September 2023, a decrease of 217 lawsuits compared to 474 lawsuits filed in August 2023.
Total Federal and State Court ADA Website Lawsuit for September 2023
Number of ADA website lawsuits filed in September: New York 148, California 72, Florida 31, Pennsylvania 4, Other States 2.
13 Plaintiffs Filed Over 50% ADA Lawsuits in September 2023
| Number | Plaintiff Name | Plaintiff Firm Name | Number of Cases | Percentage | Jan to Sep |
|---|---|---|---|---|---|
| 1 | Jose Casillas | Custodio & Dubey LLP | 21 | 8.17% | 94 |
| 2 | Perla Mageno | Manning Law, APC | 14 | 5.45% | 132 |
| 3 | Luis Mercedes | Stein Saks, PLLC | 14 | 5.45% | 36 |
| 4 | Hakan Durantas | Mars Khaimov Law, PLLC | 13 | 5.06% | 17 |
| 5 | Lynn Zelvin | Mars Khaimov Law, PLLC | 11 | 4.28% | 11 |
| 6 | Maria Dimeglio | Stein Saks, PLLC | 9 | 3.50% | 56 |
| 7 | Silvia Martinez | Stein Saks, PLLC | 9 | 3.50% | 9 |
| 8 | Victor Ariza | Roderick V. Hannah, Esq., P.A. | 8 | 3.11% | 57 |
| 9 | Lashawn Dawson | Gabriel A. Levy, P.C. | 8 | 3.11% | 12 |
| 10 | Damian Martin | Stein Saks, PLLC | 7 | 2.72% | 29 |
| 11 | Kevin Yan Luis | Law Office of Noor A. Saab | 6 | 2.33% | 41 |
| 12 | Rebecca Castillo | Manning Law, APC | 6 | 2.33% | 34 |
| 13 | Sanjay Sookul | Mars Khaimov Law, PLLC | 6 | 2.33% | 26 |
| 13 Plaintiffs Filed 51.36% ADA Lawsuits in September 2023 | 132 | 51.36% | 554 | ||
| 49 Plaintiffis Filed 48.64% ADA Lawsuits | 125 | 48.64% | 1021 | ||
| 257 ADA Lawsuits Filed by 62 Plaintiffs in September 2023 | 257 | 100.00% | 1575 | ||
Key Summary Points:
- The litigation activities of the top 30 plaintiffs from January to August, including Jenny Hwang, Andrew Toro, Luis Toro, Daniel Lugo, and Jasmine Toro, came to an abrupt halt in September.
- These top 30 plaintiffs collectively filed 1,003 ADA lawsuits from January to August but recorded zero filings in September.
- Plaintiffs such as Jenny Hwang and Andrew Toro, represented by Mars Khaimov Law, PLLC, have filed a high number of lawsuits (83 and 75 respectively) from January to August, showing their significant involvement in ADA litigation.
- The cessation of their activity in September has significantly impacted the overall number of ADA lawsuits filed in September.
- In September, the top plaintiff, Jose Casillas, represented by Custodio & Dubey LLP, filed 21 lawsuits, constituting 8.17% of the total cases in September.
- Perla Mageno and Luis Mercedes, represented by Manning Law, APC, and Stein Saks, PLLC, respectively, each filed 14 lawsuits.
- The 13 plaintiffs collectively filed 51.36% of all ADA lawsuits in September, while the remaining 49 plaintiffs accounted for 48.64% of the lawsuits.
4 Law Firms Filed more than 50% of ADA Lawsuits in September 2023
| Number | Plaintiff Firm Name | Number of Cases | Percentage | Jan to Sep |
|---|---|---|---|---|
| 1 | Stein Saks, PLLC | 51 | 19.84% | 416 |
| 2 | Mars Khaimov Law, PLLC | 37 | 14.40% | 468 |
| 3 | Manning Law, APC | 31 | 12.06% | 242 |
| 4 | Custodio & Dubey LLP | 21 | 8.17% | 94 |
| 5 | Law Office of Noor A. Saab | 21 | 8.17% | 155 |
| 6 | Roderick V. Hannah, Esq., P.A. | 18 | 7.00% | 125 |
| 7 | Gottlieb & Associates | 13 | 5.06% | 217 |
| 8 | NYE Stirling, Hale & Miller, LLP | 12 | 4.67% | 107 |
| 9 | Pacific Trial Attorneys, APC | 10 | 3.89% | 284 |
| 10 | Law Offices of Ralph Ayala | 9 | 3.50% | 24 |
| 11 | Gabriel A. Levy, P.C. | 8 | 3.11% | 36 |
| 12 | Mizrahi Kroub LLP | 6 | 2.33% | 197 |
| 13 | J. Courtney Cunningham, PLLC | 5 | 1.95% | 101 |
| 14 | Mendez Law Offices, PLLC | 5 | 1.95% | 73 |
| 15 | Carlson Brown Law | 4 | 1.56% | 60 |
| 16 | Barros Law Firm | 3 | 1.17% | 39 |
| 16 Firms Filed 98.83% ADA Lawsuits in September 2023 | 254 | 98.83% | 2638 | |
| 3 Firms Filed 1.17% ADA Lawsuits | 3 | 1.17% | 123 | |
| ADA Lawsuits Filed by 19 Firms in September 2023 | 257 | 100% | 2761 | |
Key Summary Points:
Complete Halt for Some Firms:
Notably, several firms, including Lee D. Sarkin, East End Trial Group LLC, Lawrence H. Fisher, LawFirst, Zemel Law LLC, and Wilshire Law Firm, which were active earlier in the year, had no filings in September.
Dramatic Decrease in September Filings:
- Pacific Trial Attorneys, APC: Filed 274 lawsuits from January to August; filed 10 lawsuits in September.
- Mizrahi Kroub LLP: Filed 191 lawsuits from January to August; filed 6 lawsuits in September.
- Shaked Law Group, P.C.: Filed 104 lawsuits from January to August; filed only 1 lawsuit in September.
- J. Courtney Cunningham, PLLC: Registered 96 lawsuits from January to August; filed 5 lawsuits in September.
- Mendez Law Offices, PLLC: Filed 68 lawsuits from January to August; filed 6 lawsuits in September.
In September, the top four law firms collectively filed 54.48% of the total ADA website lawsuits.
- Stein Saks, PLLC, leads with 51 lawsuits (19.84%)
- Mars Khaimov Law, PLLC follows with 37 (14.40%)
- Manning Law, APC follows with 31 (12.06%)
- Custodio & Dubey LLP filed 21 (8.17%)
Industries Affected by Website Accessibility Lawsuits in September 2023
| Number | Industry Category | Number of Cases | Percentage | Jan to Sep |
|---|---|---|---|---|
| 1 | Lifestyle, Fashion, Clothing & Apparel | 91 | 35.41% | 906 |
| 2 | Restaurant, Food, Drinks & Beverages | 60 | 23.35% | 664 |
| 3 | Medical, Health, Fitness & Sports Accessories | 29 | 11.28% | 268 |
| 4 | Retail & Consumer Goods | 21 | 8.17% | 143 |
| 5 | Beauty, Skin & Body Care | 11 | 4.28% | 156 |
| 6 | Educational, Media, Magazines & Kids Accessories | 8 | 3.11% | 87 |
| 7 | Pet Care & Accessories | 8 | 3.11% | 42 |
| 8 | Furniture, Ligthing, Home Decor & Kitchen Accessories | 7 | 2.72% | 202 |
| 9 | Toys, Games, Gifts & Flower Shops | 4 | 1.56% | 90 |
| 10 | Computer, Mobile & Electronic Accessories | 4 | 1.56% | 67 |
| Top 10 Industries Faced 94.55% of ADA lawsuits | 243 | 94.55% | 2625 | |
| Other 6 industries collectively faced 5.45% of the lawsuits | 14 | 5.45% | 281 | |
| Industries Affected by Website Accessibility Lawsuits in September 2023 | 257 | 100% | 2906 | |
ADA Lawsuits Filed By Web Platforms
It should be emphasized that these lawsuits are generally focused on the manner in which businesses maintain and implement their websites, rather than an indication of the platforms’ inherent accessibility or compliance issues.
The duty to uphold ADA compliance primarily rests with website owners or operators. They are responsible for ensuring that their websites are accessible to all users, including those with disabilities, irrespective of the platform utilized.
Shopify
An intuitive e-commerce platform for easy online store setup and management.
Lawsuits: 95
Percentage: 36.96%
WordPress
A flexible CMS with wide-ranging customization and extensive plugins.
Lawsuits: 37
Percentage: 14.40%
Salesforce Commerce Cloud
A cloud-based solution for large-scale, complex e-commerce needs.
Lawsuits: 10
Percentage: 3.89%
Magento
A scalable, open-source e-commerce platform with advanced customization.
Lawsuits: 14
Percentage: 5.45%
Other Custom Coded Websites
Tailored websites with unique features and designs for specific business requirements.
Lawsuits: 101
Percentage: 39.30%
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