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ARTICLE · 28 JANUARY 2025

Revisiting The Second Circuit's ADA Lawsuit Standard

Klein Moynihan Turco LLP
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In June 2022, the United States Court of Appeals for the Second Circuit decided the matter of Calcano v. Swarvoski North America Ltd. In Calcano, Plaintiffs, who are visually impaired, filed an Americans with Disabilities.

United StatesEmployment and HR
David O. Klein
David O. Klein
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In June 2022, the United States Court of Appeals for the Second Circuit decided the matter of Calcano v. Swarvoski North America Ltd. In Calcano, Plaintiffs, who are visually impaired, filed an Americans with Disabilities Act ("ADA") lawsuit against Defendant for not carrying braille gift cards in its stores. As our readers are aware, Title III of the ADA prohibits discrimination on the basis of a disability "in the full and equal enjoyment of the goods [and] services . . . of any place of public accommodation." The Second Circuit concluded that the district court had properly dismissed Plaintiffs' claims for lack of standing. In addition, the Court went one step further in establishing the Second Circuit standard for adequately pleading injury in an ADA lawsuit.

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