B&I Lawyers File Yet Another Motion to Dismiss ADA Website Case

Brann & Isaacson lawyers Peter Brann and Hannah Wurgaft filed a motion to dismiss yet another ADA website accessibility case filed in New York, this time against a serial plaintiff represented by Stein Saks, which has filed more class action complaints nationwide than any other law firm since 2021. The defendant, once again, is a small company located far from New York. Katie May sells its designer bridal gowns and dresses at well-known brick-and-mortar and online retailers, such as Nordstrom, Saks Fifth Avenue, Revolve, and Anthropologie, and specialty bridal shops; yet the plaintiff claimed to have her heart set on buying one of the few dresses available for sale on its website even though there were only two available in XS and XL. Seems implausible.

A New York federal judge has made the following observation in sanctioning Stein Saks for filing cut-and-paste complaints in these types of cases: “Mr. Rozenberg and Stein Saks have a business model that appears to rest on filing a high volume of virtually identical complaints. The firm’s apparent decision to spend no time developing the facts necessary to allege standing and just hope that it does not get caught is wasting the Court’s time. The firm’s model must change.” We agree.