Marcos CALCANO, on behalf of himself and all other persons similarly situated; Yovanny Dominguez, on behalf of himself and all other persons similarly situated; Braulio Thorne, on behalf of himself and all other persons similarly situated; James Murphy, on behalf of himself and all other persons similarly situated, Plaintiffs-Appellants,
v.
SWAROVSKI NORTH AMERICA LIMITED; Banana Republic, LLC; Jersey Mike's Franchise Systems, Inc.; the Art of Shaving-FL, LLC; Kohl's, Inc., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: January 13, 2021.
Decided: June 2, 2022.
Attorney(s) appearing for the Case
G. Oliver Koppell , Law Offices of G. Oliver Koppell & Associates, New York, NY ( Daniel F. Schreck , Law Offices of G. Oliver Koppell & Associates, New York, NY; Bradly G. Marks , Marks Law Firm, P.C., New York, NY; Jeffrey M. Gottlieb , Gottlieb & Associates, New York, NY, on the brief), for Plaintiffs-Appellants.
Stephanie Schuster , Morgan, Lewis & Bockius LLP, Washington, DC ( Anne Marie Estevez and Beth S. Joseph , Morgan, Lewis & Bockius LLP, Miami, FL; Michael F. Fleming , Morgan, Lewis & Bockius LLP, New York, NY, on the brief), for Defendants-Appellees Swarovski North America Limited and Banana Republic, LLC.
Joseph J. Lynett ( Rebecca M. McCloskey , on the brief), Jackson Lewis P.C., White Plains, NY, for Defendants-Appellees Jersey Mike's Franchise Systems, Inc. and The Art of Shaving-FL, LLC.
James A. Dean , Womble Bond Dickinson (US) LLP, Winston-Salem, NC; A. Owen Glist , Constantine Cannon LLP, New York, NY, for Amici Curiae The Retail Litigation Center, Inc., Restaurant Law Center, National Retail Federation, and National Association of Theatre Owners, in Support of Defendants-Appellees.
Judge Lohier concurs in a separate opinion.
Park, Circuit Judge.
This appeal involves five lawsuits in which visually impaired plaintiffs sued defendant stores under the Americans with Disabilities Act ("ADA") for failing to carry braille gift cards. The five nearly identical complaints allege that Plaintiffs live near Defendants' stores, have been customers in the past, and intend to purchase...
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