In Calcano v. Swarovski North America Ltd., the Second Circuit Court of Appeals consolidated five ADA Title III actions brought by the same law firm for alleged failures to offer.
The Second Circuit’s majority opinion affirmed dismissal based on lack of standing only and did not reach the issue of whether the plaintiffs adequately pleaded that defendants failed to accommodate them under the ADA because defendants did not provide braille gift cards.
On June 2, 2022, the Second Circuit issued a decision in Calcano, et al. v. Swarovski North America Ltd., et al., affirming dismissal of five consolidated cases brought by visually.
While the Second Circuit’s affirmance of the dismissal of the five lawsuits is certainly a favorable result for the business community, the narrow basis for the ruling a lack of standing could give life to some of the remaining lawsuits.
More than a year after oral arguments in Calcano v. Swarovski North America Ltd., No. 20-1552, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s dismissal of.