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ARTICLE · 14 JUNE 2023

Plaintiff-Friendly New York Courts Change Course In Three Recent Decisions In Website Accessibility Cases

Seyfarth Shaw LLP
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New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing.

United StatesEmployment and HR
John Egan
John Egan
Minh Vu
Minh Vu
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Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing.

While federal New York courts (particularly the Southern District) have historically been a friendly jurisdiction for ADA website plaintiffs, there have been a string of recent decisions dismissing website accessibility cases for lack of standing that signal judicial frustration with the plaintiff's bar and serial filers.

Case in point: EDNY Judge Cogan's opinion in Winegard v. Golftec Intellectual Property LLC. The plaintiff in that case had a hearing disability and sued over non-captioned video content on the business's website. In granting the motion to dismiss, the Court applied the standing requirements from the Second Circuit's decision in Calcano v. Swarovski North Am. Ltd. dismissing a consolidated case alleging that the defendants failed to provide

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