Brann & Isaacson Lawyers Get Another ADA Website Case Dismissed

Brann & Isaacson lawyers Peter Brann and Hanna Wurgaft obtained dismissal of another ADA website case in the Southern District of New York. On behalf of Electric Bike Technologies, they obtained court permission to file a motion to dismiss. Faced with that motion, rather than continue with the case, the plaintiff’s counsel, Mars Khaimov, who has filed hundreds of these cases, decided instead to dismiss the case with prejudice.

“We can’t fault anyone for agreeing to settle these types of cases because these cases typically settle for less than the cost of litigation, and since many of the defendants in these cases are small out-of-state retailers, settlement is the rational response,” explained Brann, “but, for companies that choose to fight back rather than knuckle under, when the cases are then dismissed, the feeling is, as the old MasterCard commercial says, priceless.” B&I has represented large and small internet retailers in these types of cases around the country, and has both settled and litigated such lawsuits. In the dozen cases when B&I clients resisted rather than settle such claims, plaintiffs’ counsel chose not to file a lawsuit or dismissed an already-filed lawsuit, or a court dismissed an existing lawsuit.