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Article • May 15, 2007
Class of Disabled Medicaid Recipients Decertified by At 811: A class representative must possess the same interest and suffer the same injury as the class members in order to be typical under Rule 23(a)(3). . . . The typicality requirement may be satisfied despite substantial factual differences, however, when there …
Article • May 15, 2007
Appeals Courts Have Wide Discretion in Class Certification Appeals by Courts of appeals have unfettered discretion to permit or deny interlocutory appeals of class certification orders, provided for by a 1998 amendment to the Federal Rules of Civil Procedure. This discretion is analogous to that exercised by the Supreme Court …
Injunction in PA Re-Arrest Class Action Reversed by The Philadelphia DA has a practice of rearresting persons whose charges have been dismissed at a preliminary hearing without seeking a prior judicial determination of probable cause. The named plaintiff was rearrested on a new charge worded identically to the first one …
Article • May 15, 2007
Class Certification Can Be Bifurcated for Liability and Damages by The court rejects the Fifth Circuit rule that an action cannot be certified under Rule 23(b)(2), Fed.R.Civ.P., if the class claims include compensatory and punitive damages other than "incidental" damages. (These are damages that are capable of objective calculation and …
Article • May 15, 2007
Class Representatives Have Standing to Enforce Settlements by Class representatives moved to enforce a settlement, and the motion was opposed on the ground that they had not personally suffered the injuries set out in the motion and therefore lacked standing. At 173 n.10: Although, upon certification of a class, the …
Article • May 15, 2007
Notice to Class Inadequate, Collusion Between Parties Voids Settlement by Class actions seeking damages may be certified under Rule 23(b)(2), but only if the damage claims are "incidental to the primary claims for injunctive or declaratory relief." (1165) That rule is a requirement of due process, since class members are …
Court Denies Certification to Class of Involuntarily Operated On Mental Patients by Court Denies Certification to Class of Involuntarily Operated On Mental Patients Developmentally disabled persons challenged the District's policy of allowing city officials to consent to elective surgical procedures on their behalf (in the named plaintiffs' cases, two involuntary …
Mentally Ill WI Prisoner Sues over Control Unit Conditions by The plaintiff raised various constitutional claims, discussed below, and moved for class certification. The court denies it because the case is pro se and absent class members are "entitled at least to the assurance of competent representation afforded by licensed …
Article • May 15, 2007
Prisoner Cannot be Class Representative and File Industrial Suit Over Same Claims by Prisoner Cannot be Class Representative and File Industrial Suit Over Same Claims The plaintiff alleged that she was raped and impregnated by a correction officer. She filed a damage suit in one district and subsequently became a …
Article • May 15, 2007
Class Certified in Suit by Georgia Foster Children by Foster children in state custody sued in state court on behalf of a proposed class alleging a wide range of constitutional and statutory violations. Defendants removed the case to federal court. By removing to federal court, the defendants waived their right …
Article • May 15, 2007
Rule 68 Offers Applicable to Class Actions by Rule 68, authorizing offers of judgment, is applicable to class actions (the court notes authority questioning or limiting this conclusion). Here, the offer was made before the plaintiff moved for class certification, and would satisfy the plaintiff's claim, so it mooted that …
Article • May 15, 2007
Class Can be Certified Despite Fact Differences by All doubts regarding the propriety of class certification should be resolved in favor of certification, since certification is conditional. Numerosity does not require impossibility of joinder, only that "it is extremely difficult or inconvenient to join all members of the class." (694, …
Article • May 15, 2007
Class of Homeless Children Seeking Education Certified by The court certifies a class of homeless children who alleged that school enrollment and transportation procedures violate the McKinney Act and deny equal protection. At 324: The Defendants urge that the legal issue can only be decided on an individual basis because …
Article • March 15, 2007 • from PLN March, 2007
New York HCV Treatment Suit Not Mooted by Equivocal DOC Concession; Class Certification Granted by John Dannenberg by John E. Dannenberg The United States District Court (N.D. N.Y.) rejected the New York Department of Corrections' (NYDOC) attempt to moot a class action claim filed by HCV (Hepatitis-C) infected prisoners who …
Article • February 15, 2007 • from PLN February, 2007
Illinois Jail’s Strip Search Policy Unconstitutional by Michael Rigby Illinois Jail's Strip Search Policy Unconstitutional by Michael Rigby On December 16, 2005, a federal district judge ruled that the Will County, Illinois jail routinely violated prisoners' Fourth Amendment rights by subjecting them to a blanket strip search policy, paving the …
Federal Judge Suspends Some Georgia Sex Offender Residency Restrictions by Matthew Clarke by Matthew T. Clarke On June 29, 2006, e federal judge in Georgia granted class-action status and a temporary restraining order (TRO) suspending enforcement of some provisions of Georgias sex offender residency law (SORL), Ga.Code.Ann. § 42-15. The …
CSC Alien Abuse Class Action Settled for $2.5 Million by On August 10, 2005, a federal court in New Jersey approved a settlement in Brown v. Esmor Correctional Services Inc., USDC No. 98-1282 (DNJ). Esmor Correctional Services Inc. (Esmor) later known as Correctional Services Corporation (CSC), agreed to pay the …
Alabama Supreme Court Sidesteps Merits of Suit Challenging Contracted Prison Labor by The Alabama Supreme Court denied class certification and sidestepped ruling on the merits of a prisoners claim that prison officials illegally contracted out his labor to a private company. Before the Court was the appeal of prisoner Darrell …
SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls by The Third Circuit Court of Appeals held that a Delaware District Court improperly analyzed a conditions of confinement claim brought by pre-trial detainees under the Eighth Amendment, rather than the Due Process Clause of the Fourteenth …
Article • April 15, 2006 • from PLN April, 2006
PLRA Doesnt Alter FRCP 23 Class Certification Analysis by PLRA Doesnt Alter FRCP 23 Class Certification Analysis The Tenth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) does not change, limit or add new elements to the class certification and analysis of Fed.R.Civ.P. 23. The court …
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