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...

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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...