James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit, and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, PA, on April 3, 2021. Photo: Diego M. Radzinschi/ALM 3rd Circ.: ADA Claimants Failed to Meet Class Certification Requirements
"The District Court's legal error is not harmless," stated Porter. "Our review of the record shows that commonality is not met by a preponderance of the evidence for this nationwide class. It is not enough that Ollie's has corporate policies and that some or all stores in Pennsylvania pay inadequate attention to aisle accessibility. Stitching together a corporate-wide class requires more."
June 28, 2022 at 10:17 AM
5 minute read
The U.S. Court of Appeals for the Third Circuit said its recent decisions have given the numerosity requirement "real teeth" by requiring plaintiffs who cannot directly identify class members to produce "sufficient circumstantial evidence."
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