Steak 'n Shake Operations, Inc. v. Mielo

Case Updates

The Third Circuit reversed a district court’s decision to certify a nationwide class alleging a business’s parking lots at over 400 locations were inaccessible in violation of Title III of the ADA. Despite plaintiffs offering little evidence that joinder was impracticable or that commonality existed, the district court reasoned that when doubt exists, the court should err in favor of certification. Finding the district court to have made a “clear error,” the Third Circuit explained courts “should not suppress ‘doubt’ as to whether a Rule 23 requirement is met.”

The Chamber filed a coalition brief in the Third Circuit in a case in which plaintiffs seek certification of a nationwide class action alleging that the parking lots at Steak N’ Shake restaurants are inaccessible in violation of Title III of the ADA. The brief explained that certification is inappropriate because plaintiffs’ claims require a fact-specific inquiry into each individual parking lot or facility.

The brief was filed jointly by the U.S. Chamber, National Retail Federation, International Council of Shopping Centers, National Federation of Independent Business, Restaurant Law Center, and Retail Litigation Center, Inc.

Teresa L. Jakubowski and Eileen S. Pruitt of Barnes & Thornburg LLP served as co-counsel for the amici.