S.D.N.Y. · No. 1:26-cv-08574
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| Matter | Type | Practice area | Court | Date | Value |
|---|---|---|---|---|---|
| The Biltmore Company, LLCsource ↗ filed by Gottlieb & Associates · No. 1:26-cv-08574 · 42:12101 The Americans with Disabilities Act of 1990 · view case timeline → Comparable settlements $65K–$530K ▾ADA accessibility claims split in comparables: Holmes v. Bax affirmed ADA violations while Lowell v. Lyft and Billesdon affirmed dismissal/reversal of ADA claims for failure to prove effective remedy. Outcome hinges on whether plaintiff can show a concrete, remediable barrier at Biltmore's physical or digital property. Comparable settlements $65K–$530K median $200K · n=3 Covenant Retiremen $530K · Association of Apa $200K · Home Depot U.S.A., $65K Key precedent: Lowell v. Lyft (2d Cir.) — same circuit, affirmed dismissal because plaintiff failed to prove proposed accommodation was effective; directly governs S.D.N.Y. pleading standard here. Main risk: Dismissal for failure to plead a specific, provably effective accommodation, as in Lowell v. Lyft's reasonableness-burden analysis. Rough EV model (wide — class size is the big unknown, not a prediction): $10K–$250K No defendant-specific history; small comparable set (n=3 settlements, mixed rulings); ADA Title III lacks damages so recovery is mostly fee-shifting/injunctive value, hard to quantify precisely. · grounded in 8 rulings, 3 settlements, 0 verdicts | Filing | ADA / Accessibility | S.D.N.Y. | 2026-09-30 | $65K–$530K comparable settlements |