As our ADA Title III class action against Taco Bell neared its 10th anniversary,* Judge Hamilton reversed course and refused to enter the injunction she had ordered last year based on violations found in the 2007 summary judgment order and her 2011 findings of fact and conclusions of law.  We are appealing the refusal to enter the injunction under 28 U.S.C. § 1292(a)(1).  On Monday, we filed our opening brief on appeal.

Judge Hamilton’s ruling is especially frustrating in light of the age of the case, the fact that the Class has prevailed on basically every substantive issue, and the fact that the judge commented that it could take another ten years to get to the injunction.  This means — doing the math — that class members would have to wait through 20 years of litigation to get what federal law required ten years before the suit was filed and state law required twenty years before.


* Traditionally, it’s the tin anniversary; the modern version is apparently diamond jewelry.**  Can’t wait to see whether the Ninth Circuit bring us diamonds or tin!

** I get the sense that the “modern” list was created by the Jewelry Industrial Complex, which didn’t want you to wait until the 25th to start buying their products.  Or maybe it’s just anniversary inflation:  instead of fruit or flowers on your 4th, you get . . . appliances?