Mielo v. Steak ‘n Shake Operations, Inc., ___ F.3d ___ (3d Cir. 2018).  This was an appeal under Rule 23(f) of the Federal Rules of Civil Procedure from a District Court decision that granted class certification in this case under the Americans With Disabilities Act, 42 U.S.C. §12101 et seq. (“ADA”).  Plaintiffs were two disability rights advocates.  They asserted that sloped parking facilities at two Steak ‘n Shake restaurants operated by defendant violated the ADA, and that plaintiffs themselves had suffered concrete injury by being unable to navigate those parking...

Sconiers v. United States, ___ F.3d ___ (3d Cir. 2018).  Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) (“FTCA”), a tort claim against the United States is “forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented” (emphasis added).    Here, plaintiff sued the United States Postal Service within two years of the...

Little v. Kia Motors America, Inc., ___ N.J. Super. ___ (App. Div. 2018).  Class actions notoriously take a long time.  But the case in which Judge Koblitz issued a decision for her Appellate Division panel today is nearly old enough to vote.  As her opinion recited, plaintiffs, who are owners or lessees of Kia Sephia model year 1997-2000 vehicles with allegedly defective brakes, began in 2001. In August 2003, plaintiffs obtained class certification.  Contrary to the notion that defendants simply settle once a class is certified, the case continued, and a classwide jury trial occurred in...