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...

B&I Lawyers Seek Dismissal of Another ADA Website Case

Brann & Isaacson lawyers Peter Brann and Hannah Wurgaft sought dismissal of another of the thousands of cases being filed in state and federal court in New York alleging that a small retailer was violating the Americans with Disabilities Act by not making its website accessible to blind people. They filed a motion to dismiss...

Peter Brann and Eamonn Hart Prevail in VPPA Lawsuit

Brann & Isaacson lawyers, Peter Brann and Eamonn Hart, won a motion to dismiss a federal lawsuit in the Southern District of California brought under the Video Privacy Protection Act against, Boden, a British clothing retailer. B&I argued that it was wholly insubstantial to claim that the VPPA applied to showing a small snippet of...

Mass. Federal Court Invalidates Eight Patents Asserted Against Wayfair

On August 16, 2023, U.S. District Judge Nathaniel M. Gorton of the District of Massachusetts issued an order granting the vast majority of a motion to dismiss filed by Brann & Isaacson on behalf of its client, Wayfair. The plaintiff, a non-practicing entity called Alto Dynamics, asserted nine now expired patents against Wayfair in a...

Brann & Isaacson Lawyers Obtain Dismissals of Two More ADA Website Accessibility Cases

Brann & Isaacson lawyers, Peter Brann and Hannah Wurgaft, obtained dismissals in two more ADA website accessibility cases in New York and California, on behalf of TackleDirect and JP Boden. In the New York case, they filed a motion to dismiss, and the plaintiff’s counsel, Mizrahi Kroub, which files more of these cases in New York than anyone...

Brann & Isaacson Lawyers File Motion to Dismiss ADA Website Lawsuit

Internet retailers and others have faced thousands of lawsuits across the country claiming that their websites are not accessible and thus violate the Americans with Disabilities Act. Because the plaintiffs usually price settlements at less than the cost of responding to the lawsuit, most companies settle them even though they believe their websites are accessible,...

Brann & Isaacson Secures Dismissal of Patent Case Against PetSmart

On January 4, 2021, Senior District Judge Bruce S. Jenkins of the U.S. District Court for the District of Utah ordered the dismissal with prejudice of a patent infringement action filed by Modern Font Innovations against Brann & Isaacson client PetSmart. After hearing oral argument from partner David Swetnam-Burland, the judge ruled that Modern Font...

Brann & Isaacson Litigators Defeat Motion To Dismiss Contract Dispute

Brann & Isaacson litigators Daniel Nuzzi and Eamonn Hart recently succeeded in fending off a motion to dismiss based on the alleged lack of personal jurisdiction over a Massachusetts defendant. On July 9, 2019, Justice MaryGay Kennedy of the Androscoggin County Superior Court issued a decision agreeing with B&I’s arguments on behalf of its client,...

Brann & Isaacson Wins Dismissal of Retaliation Lawsuit Against Schoolteacher

Justice Billings of the Sagadahoc Superior Court has ordered the dismissal of a third complaint filed by Matthew Pollock and Jane Quirion against staff members from Regional School Unit No. 75. The teacher in this case, who is represented by partners Daniel Nuzzi and Nathaniel Bessey, was accused of retaliation against the plaintiffs to, among...

B&I Secures Dismissal of California Privacy Class Action Complaint

On May 1, 2019, the U.S. District Court for the Northern District of California dismissed a putative class action filed against Brann & Isaacson client, NaviStone, Inc., and New Moosejaw, LLC. NaviStone, represented by David Bertoni, David Swetnam-Burland, and Eamonn Hart, had moved to dismiss the complaint based on the plaintiff’s lack of standing and...