Robinson Bradshaw Secures Dismissal of Nationwide Class Action



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April 28, 2020

Robinson Bradshaw secured dismissal of a putative nationwide class action against a company in the quick-service restaurant industry that franchises thousands of restaurants across the United States. Following a pattern used in similar cases against other leading restaurant chains and retail businesses, the plaintiff's counsel had attempted to claim that a customer who experienced an alleged violation of the Americans with Disabilities Act at a single location could sue on behalf of a nationwide class. In dismissing the case, the Court accepted arguments from the firm's briefs establishing that the customer's two key theories were invalid. First, the Court rejected the theory that the plaintiff could proceed based on conflicting allegations that the client either had a policy of noncompliance or lacked a policy to ensure compliance. Second, the Court rejected the plaintiff's theory that identifying a handful of individual locations with alleged ADA compliance issues gave standing to pursue a nationwide class action. The Court was also skeptical of how the plaintiff's claims could apply to a franchise-based business, where the franchisor does not own or operate the restaurant locations.

Robinson Bradshaw attorneys Adam K. Doerr, Mark A. Hiller and Demi Lorant Bostian represented the client in this case.

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