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ARTICLE · 23 MARCH 2023

New York Continues To Be A Friendly Venue For ADA Title III Plaintiffs

Seyfarth Shaw LLP
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Leading the country with 3,173 federal ADA Title III lawsuits in 2022, plaintiff-friendly court decisions will likely keep New York in the top spot.

United StatesLitigation, Mediation & Arbitration
Lotus Cannon
Lotus Cannon
Minh Vu
Minh Vu
Kristina Launey
Kristina Launey
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Seyfarth synopsis: Leading the country with 3,173 federal ADA Title III lawsuits in 2022, plaintiff-friendly court decisions will likely keep New York in the top spot.

It is no surprise that New York has become the nation's leader in ADA Title III and website accessibility litigation, bypassing California by a substantial margin in 2022. District Court judges in New York – especially in the Southern District – have been increasingly reluctant to dismiss website accessibility lawsuits before discovery.

Cases in point:

In Loadholt v Shirtspace, the blind plaintiff alleged that he attempted to access the defendant's website with his screen reader to buy a T-Shirt and encountered various barriers to access. Joining the "vast majority of courts" in the Southern District and consistent with his prior opinion in Slade v. Life Spectacular, Inc., U.S. District Judge Andrew Carter held that the defendant's online-only business is a public accommodation covered by the

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