MIELO V. STEAK N SHAKE

Issue: Class Certification Standards
Court: U.S. Court of Appeals for the Third Circuit

RLC's Position:
The Retail Litigation Center joined the Restaurant Law Center and other business and retail organizations in filing a brief in this case which deals with class certification standards in the Americans with Disabilities (ADA) parking lot context. The brief explains that there is too much factual variability to certify a class because the effect that weather and geography will have on each lot and that there is too much legal variability because the ADA standard that applies to each parking lot will depend on the ownership of/operational responsibility for the lot, as well as on the date of its construction. 

Case Outcome: 
The Court reversed the district court’s certification concluding that the lower court disregarded judicial precedent and committed clear error when decided that where doubts regarding certification exist, the court should err in favor of certification. Case remanded. 

Procedural History and Case Documents

• Mielo v. Steak N Shake Opinion.pdf

Please use the DOWNLOAD button below to access the RLC's Brief.