On appeal, the 7th Circuit determined Olsen’s filing for class certification saved the cause of action from dismissal as moot if it falls within the mootness doctrine described in Gerstein v. Pugh, 420 U.S. 103 (1975). The court further held that Olson’s complaint met the “inherently transitory” criteria in that “the constant existence of a class of persons suffering the alleged deprivation is certain, and the court may safely assume that counsel has other clients with a continuing live interest in the issues.” Therefore, the district court’s dismissal was reversed, and the case was remanded for consideration of class certification. See: Olson v. Brown, 594 F.3d 577, (7th Cir. 2010).
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Related legal case
Olson v. Brown
|Cite||594 F.3d 577, (7th Cir. 2010)|
|Level||Court of Appeals|