Plaintiffs were granted class certification in a “parking” case under Title III of the ADA. Defendant, Steak ‘N Shake Operations, Inc., filed an interlocutory appeal from the grant of class certification. A dispute over the experience of two plaintiffs’ visits to two locations threatens to involve the potential inspection and remediation of more than 400 owned restaurants across the nationwide class. The District Court also rejected Steak ‘N Shake’s challenges to the standing of each of the plaintiffs to seek the nationwide injunctive relief that certification makes possible.
We filed our amicus on November 20, 2017, oral argument took place on May 2, 2018, in Pittsburgh, PA. On July 26, 2018, the Circuit Court held that “the extraordinarily broad class certified by the District Court runs afoul of at least two of Rule 23(a)’s requirements” and, thus, Reversed the ruling of the District Court and Remanded the case back to the District Court. The case is not closed, but we have no further involvement at this time.