Plaintiff
- Name: Kane Brolin, Ian Foley
- Filing Date: August 21, 2026
- Court: United States District Court Northern District of Indiana
- State: Indiana
- Attorney Firm: Nye, Stirling, Hale, Miller, Sweet LLP
Defendant
- Name: Pelican Intl USA LLC
- Website: www.confluenceoutdoor.com
- Industry: Consumer Goods
- Summary: Designs, develops, manufactures, and distributes outdoor equipment and related products.
Case Summary
According to the complaint, plaintiffs Kane Brolin and Ian Foley are legally blind individuals suing Pelican Intl USA LLC for failing to make its digital properties accessible, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the defendant's website, which prevented them from purchasing products. The plaintiffs seek a permanent injunction requiring the defendant to improve accessibility on its website and to ensure compliance with ADA standards. They also request compensatory damages and attorneys' fees.
Causes of Action
- Title III of the ADA
- Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.
Key Allegations
- Defendant's digital properties are not accessible to legally blind individuals.
- Plaintiffs encountered barriers that denied them full and equal access to Defendant's online goods, content, and services.
Requested Relief
- A Declaratory Judgment that Defendant was in violation of the ADA and New York laws.
- A permanent injunction requiring Defendant to make its Digital Platform accessible.
- Payment of costs of suit.
- Payment of reasonable attorneys’ fees.
- Payment of compensatory damages pursuant to New York law.
- Payment of nominal damages.
Jurisdiction & Venue
Jurisdiction is invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C.A. § 1367 and 42 U.S.C. § 12188. Venue is proper under 28 U.S.C. § 1391(b)(2).
