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
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.”
According to the precedential June 24 opinion, two disabled individuals, Irma Allen and Bartley Mullen, found that while shopping at Ollie’s Bargain Outlet, they could not access the aisles with their wheelchairs due to “pillars, clothing racks, and boxes blocking their path.” The pair filed a claim under Title III of the Americans with Disabilities Act and sought permission to sue on behalf of similarly situated individuals. The district court certified the proposed class which the Third Circuit opinion called an abuse of discretion “based on inadequate evidence of numerosity and commonality.”
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