Brann & Isaacson Assists Another Client in Defeating an ADA Website Claim

Brann & Isaacson lawyers Peter Brann and Hanna Wurgaft assisted Electric Bike Technologies Inc. to fight off another ADA website claim. Previously, they took over from other defense counsel in federal court and once they made it clear to Mizrahi Kroub that Electric Bike intended to fight the claim, opposing counsel allowed the case to be dismissed with prejudice. When opposing counsel later filed a lawsuit in New York state court to “enforce” a non-existent settlement, B&I fought back, and filed a counterclaim and sought discovery. After the court largely denied plaintiff’s motion to dismiss the counterclaim, Mizrahi Kroub threw in the towel and agreed to dismiss its second case against Electric Bike, once again for no payment.

“Although most companies agree to settle these cut-and-paste lawsuits just because it is cheaper to settle than to fight back,” explained Brann, “some companies are like the newscaster in the movie, Network, shouting ‘I’m mad as hell and I’m not going to take it anymore.’ For them, fighting off these baseless claims without paying the other side is priceless.”