Tully v. Mirz, ___ N.J. Super. ___ (App. Div. 2018).  This opinion by Judge Geiger today addresses the question of what claims, between two owners of a closely-held corporation, are properly considered derivative claims and what claims are correctly treated as direct claims.  After a one-day bench trial, the trial court dismissed the complaint for lack of standing, asserting that all claims presented were derivative claims that could not be brought directly.  Applying de novo review of the purely legal issue of standing, the Appellate Division affirmed in part and reversed in part, ordering...

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Mielo v. Steak ‘n Shake Operations, Inc., 897 F.3d 467 (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...