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Class Certification Granted in Disparate Impact Case
Article • May 15, 2007
Filed under: Civil Procedure, Class Certification
Class Certification Granted in Disparate Impact Case by Minority schoolteachers alleged that standardized tests they were required to pass had a disparate impact based on race. The defendants argued that no class should be certified under Galvan. The court rejects the argument, holding that Galvan does not always require denial …
NY Court Certifies Class Action of Pay Searched Minorities
Article • May 15, 2007
Filed under: Discrimination, Racial Discrimination, Police Searches, Class Certification
NY Court Certifies Class Action of Pay Searched Minorities by The court certifies a class of black and Latino men stopped and frisked by the Street Crimes Unit and alleging lack of probable cause and racial profiling. Class certification is particularly appropriate where a plaintiff seeks injunctive relief against discriminatory …
Rule 68 Offer May Conflict With Class Action Rule
Article • May 15, 2007
Filed under: Civil Procedure, Class Certification
Rule 68 Offer May Conflict With Class Action Rule by A Rule 68 offer of judgment may generally be in conflict with the policies and principles of Rule 23, that proposition does not apply where a class has not been certified. Here, the plaintiff fails to provide "one iota" of …
Suit Can Be Settled Before Class is Certified
Article • May 15, 2007
Filed under: Civil Procedure, Settlements, Class Certification
Suit Can Be Settled Before Class is Certified by Most federal courts have held that a suit filed as a class action should be treated as one for purposes of settlement or dismissal, even though the class has not been certified, until it is determined that class certification is not …
Class Certified in CT Syringe Exchange Search Suit
Article • May 15, 2007
Filed under: Medical, HIV/AIDS, Class Certification
Class Certified in CT Syringe Exchange Search Suit by The plaintiffs challenged a police practice of searching and arresting persons who participated in the Bridgeport Syringe Exchange Program, and moved for class certification. At 331: Numerosity "'is presumed at a level of 40 members' of a putative class." Exact class …
Class Action With 30-40 Members Certified
Article • May 15, 2007
Filed under: Racial Discrimination, Civil Procedure, Class Certification
Class Action With 30-40 Members Certified by The court certifies a class in a case alleging racial discrimination in housing based on census data and various calculations and assumptions suggesting that there are 30 to 40 potential class members---i.e., African Americans who have been racially steered by a particular company. …
Class Certification Discussed
Article • May 15, 2007
Filed under: Civil Procedure, Class Certification
Class Certification Discussed by Plaintiffs alleged that delays in informing them of adverse actions on Medicaid coverage claims violated federal and state statutes and the Due Process Clause. The court certifies a class over the defendants' objection based on the Galvan "necessity doctrine" that government can be expected to apply …
Class Certification Explained
Article • May 15, 2007
Filed under: Court Access, Class Certification
Class Certification Explained by As to numerosity (at 286): "Numbers alone are not dispositive when the numbers are small, but will dictate impracticability when the numbers are large." Here there are at least 168 members, far more than necessary to establish numerosity. Other factors supporting certification include that most class …
Discovery of Absent Class Members Not Allowed
Article • May 15, 2007
Filed under: Civil Procedure, Class Certification, Discovery
Discovery of Absent Class Members Not Allowed by At 455: ". . . [D]iscovery of absent class members is ordinarily not permitted in class actions." Some courts say they are not "parties" and hence not subject to certain forms of discovery, like interrogatories. At 456: "Another, perhaps more compelling, reason …
Class of Disabled Riders Certified
Article • May 15, 2007
Filed under: Disabled Prisoners, Civil Procedure, Class Certification
Class of Disabled Riders Certified by A 6% rate of denial of requests for transportation for the disabled is "substantial"; the court notes that rides are regularly denied, "not for reasons outside defendants' control, but because of a lack of available seats, which in turn is attributable to defendants' insufficient …
Class of Disabled Children Certified to Avoid Mootness
Article • May 15, 2007
Filed under: Injunctions, Class Certification, Mootness, Failure to Treat (Mental Illness), Juveniles
Class of Disabled Children Certified to Avoid Mootness by Children with psychiatric disabilities challenged the failure to place them timely in a Residential Treatment Facility and sought class certification. The court certifies the class. Numerosity is presumed at a level of 40 members, and it is undisputed that the class …
Second Circuit Explains Interlocutory Class Certification Appeals
Article • May 15, 2007
Filed under: Civil Procedure, Class Certification
Second Circuit Explains Interlocutory Class Certification Appeals by At 139: . . . [W]e hold that petitioners seeking leave to appeal [a class certification decision] pursuant to Rule 23(f) must demonstrate either (1) that the certification order will effectively terminate the litigation and there has been a substantial showing that …
Ten-Day Limit to Appeal Denial of Class Certification
Article • May 15, 2007
Filed under: Civil Procedure, Class Certification, Limitations
Ten-Day Limit to Appeal Denial of Class Certification by Plaintiffs' discretionary appeal of denial of class certification under Rule 23(f), amended 1998, is governed by a ten-day time limit which (a) is tolled during the pendency of a motion for reconsideration, and (b) means ten days exclusive of weekends and …
Class Certification Criteria Recited
Article • May 15, 2007
Filed under: Civil Procedure, Class Certification
Class Certification Criteria Recited by The court usefully recites class certification boilerplate. At 289-90: The key factor in determining the impracticability of joinder is the size of the class. . . . A plaintiff is not required to prove the identity of each class member or specify the exact number …
Class Certified Despite Disagreement Among Plaintiffs
Article • May 15, 2007
Filed under: Civil Procedure, Class Certification
Class Certified Despite Disagreement Among Plaintiffs by Defendants opposed class certification on the ground that some class members supported the program that the named plaintiffs were trying to enjoin. At 233: "Class actions, however, are not forbidden in every case in which class members disagree." The interests of those supporting …
Title VII Requires Class Wide Administrative Change for Certification
Article • May 15, 2007
Filed under: Administrative Exhaustion, Class Certification, Federal Statutory Law, Title VII
Title VII Requires Class Wide Administrative Change for Certification by Under Title VII's exhaustion requirement (151-52), a class action must be supported by at least one representative charge, timely brought by one of the named plaintiffs, which adequately identifies the collective, class-wide nature of the claimed discrimination. . . . …
Immigration Detention Class Certified
Article • May 15, 2007
Filed under: Class Certification, International, Immigration
Immigration Detention Class Certified by For numerosity purposes, the court need not know the exact size of the class "so long as general knowledge and common sense indicate that it is large." (408, citation omitted) Where the class includes unnamed, unknown future members, joinder of such unknown individuals is impracticable …
Third Circuit Rejects Implied Class Certification
Article • May 15, 2007
Filed under: Civil Procedure, Class Certification
Third Circuit Rejects Implied Class Certification by Third Circuit Rejects Implied Class Certification Suit was filed in 1972 and a consent decree entered in 1974. This appeal from denial of a motion to vacate is dismissed as moot because the named plaintiffs moved out of public housing even before the …
After 34 Years, Alabama Complies With Mental Health Order
Article • May 15, 2007
Filed under: Settlements, Injunctions, Class Certification, Class Notice, Mental Health, Failure to Treat (Mental Illness)
After 34 Years, Alabama Complies With Mental Health Order by In what used to be Wyatt v. Stickeney, the Alabama mental health/mental retardation litigation filed in 1970, the court grants a joint motion for a declaration that the defendants have complied with the most recent settlement agreement and to vacate …
Michigan Statute Denying Appointed Counsel to Indigent Criminals Enjoined
Article • May 15, 2007
Filed under: Appointment of Counsel, Civil Procedure, Injunctions, Standing, Class Certification, Declaratory Judgment
Michigan Statute Denying Appointed Counsel to Indigent Criminals Enjoined by A challenge by indigent criminal defendants under § 1983 to state court judges' practice of denying appellate counsel based on plea-based convictions, and to the statute that codified the practice, was barred by Younger abstention. Each plaintiff had ongoing state …
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