Jerry Miller v. Walt Disney World Co.
692 F.3d 1212
11th Cir.2012Background
- Disney bans Segways® (two-wheeled mobility devices) at all Disney Resorts with no disability exceptions.
- Ault, Rhea, and Wallace (class representatives) sue Disney under Title III, seeking to permit Segways® in Disney Parks.
- A class-wide settlement provides that Disney keeps the Segway ban but will make four-wheeled, electric stand-up vehicles (ESVs) available to those needing stand-up mobility; the agreement includes a nationwide waiver of declaratory/injunctive claims.
- The district court conditionally certified the class and preliminarily approved the settlement after a fairness hearing with safety evidence from Disney and testimony from objectors.
- The district court later vacated its ruling and dismissed for lack of prudential standing; on remand, after DOJ issued a new Title III regulation, the court again certified the class and approved the settlement; the Eleventh Circuit affirmed, holding no abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is class certification appropriate under Rule 23(a) and the class’s typicality satisfied? | Ault and others typical of class claims. | Some class members rely on Segways more or less; but District Court found common policy. | Yes; typicality satisfied, nexus exists via same Segway ban and Title III theory. |
| Was the settlement fair, reasonable, and adequate after the DOJ regulation changed the Title III landscape? | Regulation shifts likelihood of success at trial, undermining fairness. | Safety concerns and likely trial outcome support the settlement as fair and adequate. | No abuse of discretion; settlement within the range of possible recoveries and fair under Bennett factors. |
Key Cases Cited
- Bennett v. Behring Corp., 737 F.2d 982 (11th Cir. 1984) (guides review of class settlement fairness under Bennett factors)
- Faught v. Am. Home Shield Corp., 668 F.3d 1233 (11th Cir. 2011) (burden on proponents to show settlement fair, reasonable, adequate)
- Heffner v. Blue Cross & Blue Shield of Ala., Inc., 443 F.3d 1330 (11th Cir. 2006) (abuse of discretion standard for class certification/settlement approval)
- Prado-Steiman v. Bush, 221 F.3d 1266 (11th Cir. 2000) (typicality and adequacy nexus in class actions)
- Kornberg v. Carnival Cruise Lines, Inc., 741 F.2d 1332 (11th Cir. 1984) (relationships between named plaintiffs and class members to certify)