A complaint is the plaintiff’s side of the story, written to sound airtight. These are the questions a defense lawyer asks that the complaint won’t answer for you.
Is this the same complaint filed against dozens of other businesses? Public court records show how many near-identical suits the same plaintiff and firm have filed. In Alexandria v. Just Shades, a case we defended in Manhattan this summer, the court dismissed the complaint in its entirety. The plaintiff had filed 54 near-identical lawsuits.
Does the plaintiff really plan to come back? To get a court order against your business, a plaintiff has to show a real intention to return. In 2022, in a case about braille gift cards, Calcano v. Swarovski, the Second Circuit, the federal appeals court that covers New York, held that vague, boilerplate claims of intending to return weren’t enough. New York federal courts have applied it to website cases since. In Sumlin v. Royal Batch, another case we defended, a Manhattan state court found a serial plaintiff’s standing allegations inherently incredible and dismissed the complaint.
Does the ADA even reach your website? If you sell only online, with no physical store, some New York federal judges have ruled the ADA doesn’t cover your site. In December 2025, in Fernandez v. Gainful Health, a Manhattan federal judge dismissed the ADA claim against an online-only seller, while leaving the plaintiff free to bring the New York City claim in state court. Other judges in the same court have ruled the other way, and the Second Circuit hasn’t decided. It’s a real defense, not a guaranteed one.
Is your site already fixed, and can you prove it? Fixes made in the site’s code, documented with dates and re-tested, can weaken a claim and strengthen your hand in negotiation. A widget or overlay toolbar doesn’t do this. For the website itself, we work with Codexyo, an independent web accessibility team that fixes sites like yours. They are not lawyers, and you’re free to use anyone.
These same questions decide what a case costs if it settles. See how much it costs to settle an ADA website case.
Prior results do not guarantee a similar outcome.