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Seyfarth Synopsis: For the second time in four years, the Third Circuit has reversed a trial court's certification of a nationwide Title III class on numerosity.
Seyfarth Synopsis: For the second time in four years, the Third Circuit has reversed a trial court’s certification of a nationwide Title III class on numerosity grounds, applying a.
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A federal district court judge has certified a nationwide class of people with mobility disabilities who allegedly had difficulty getting around the defendant’s stores due to aisle obstructions in violation of Title III of the Americans with Disabilities Act. The class involves all or most of the defendant’s 350 retail stores nationwide.
The lawsuit asserted that Ollie’s Bargain Outlet, Inc. stores contain barriers some fixed, some movable, such as merchandise displays that result in inaccessible interior paths of travel or routes. The company does not have adequate policies to ensure the interior paths of travel or routes are maintained to be accessible to individuals with mobility disabilities or who use mobility devices for mobility, such as wheelchairs, according to the lawsuit. The defendant is accused of “employ[ing] uniform policies and procedures that actively or intentionally facilitate the placement
Wednesday, April 28, 2021
A federal district court judge has certified a nationwide class of people with mobility disabilities who allegedly had difficulty getting around the defendant’s stores due to aisle obstructions in violation of Title III of the Americans with Disabilities Act. The class involves all or most of the defendant’s 350 retail stores nationwide.
The lawsuit asserted that Ollie’s Bargain Outlet, Inc. stores contain barriers some fixed, some movable, such as merchandise displays that result in inaccessible interior paths of travel or routes. The company does not have adequate policies to ensure the interior paths of travel or routes are maintained to be accessible to individuals with mobility disabilities or who use mobility devices for mobility, such as wheelchairs, according to the lawsuit. The defendant is accused of “employ[ing] uniform policies and procedures that actively or intentionally facilitate the placement of barriers in interior