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Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

April 13, 2022

ADA Accessibility Lawsuits: Several New "Tester" Plaintiffs—Luigi Abreu, Denette Ligon, Aretha Crosson, Sam Wilson, and Michelle Tenzer-Fuchs—Targeting Businesses in Recent Flurry of Federal Lawsuits

We previously published legal alerts about serial plaintiffs Domingo Pascual, Christian Sanchez, Edwin Diaz, Shael Cruz, Leshawn Dawson, Josue Romero, Jose Figueroa, Debra Zanca, Owen Harty, Deborah Laufer, and Saim Sarwar, who have collectively filed hundreds, if not thousands, of lawsuits in federal courts all across the country.

There are now several new plaintiffs on the scene, including Luigi Abreu, Denette Ligon, Aretha Crosson, Sam Wilson, and Michelle Tenzer-Fuchs, who, according to court records, have collectively filed nearly 300 lawsuits, primarily in federal district courts in New York State.

  • Abreu has filed more than 50 lawsuits since February 8, 2022, and he is represented by Joseph Mizrahi, whose firm has filed more than 1,500 similar lawsuits, including those filed by Pascual, Sanchez, Diaz, Cruz, Dawson, Romero, Figueroa, and Zanca.
  • Ligon and Crosson have filed five and 100 lawsuits, respectively, and they are represented by Dan Shaked, whose firm has filed nearly 800 similar lawsuits.
  • Wilson has filed more than 20 lawsuits, and he is represented by Benjamin Sweet, whose firm has filed roughly 500 similar lawsuits.
  • Tenzer-Fuchs has filed more than 100 lawsuits, and she is represented by Jonathan Shalom, whose firm has filed more than 350 lawsuits.

As we have reported on numerous prior occasions, both federal and state lawmakers have taken steps in recent years to curb website accessibility lawsuits; however, to date, no legislation has been passed. In the absence of legislation or regulations promulgated by the US Department of Justice, we recommend that businesses operating a website or mobile application take steps to ensure that these online systems are accessible to visually- and hearing-impaired users and otherwise comply with federal, state, and local disability laws in accordance with DOJ guidance issued in March 2022.

In the unfortunate event you are served with one of these website accessibility lawsuits, please do not hesitate to contact one of the attorneys at Barclay Damon. Our attorneys have represented and continue to represent a number of defendants in these and similar accessibility lawsuits, as noted in this Associated Press article. Barclay Damon will continue to monitor the development of these cases.

If you have any questions regarding the content of this alert, please contact Rob Thorpe, partner, at rthorpe@barclaydamon.com, or another member of the firm’s Labor & Employment Practice Area or Hotels, Hospitality & Food Service Team.

The Labor & Employment Podcast is a weekly Barclay Damon Live podcast hosted by Ari Kwiatkowski that provides employers with important updates regarding ever-evolving state and federal labor and employment laws as well as a wide range of timely topics pertaining to labor and employment issues in the workplace. Click here to watch or listen to the Labor & Employment Podcast as well as Barclay Damon’s other podcast series: Cannabis Counselor and Cyber Sip.

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