Justia Class Action Opinion Summaries

Articles Posted in U.S. 2nd Circuit Court of Appeals
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Plaintiffs sued defendants, the Housing Authority of the City of New Haven, alleging that defendants discriminated against them in administering New Haven's Housing Choice Voucher ("Section 8") program in violation of plaintiffs' rights under the Fair Housing Act ("FHA"), 42 U.S.C. 3604(d); the Fair Housing Amendments Act of 1988 ("FHAA"), 42 U.S.C. 3604(f), and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as well as regulations promulgated thereunder, 24 C.F.R. 8, 28, 100.204. At issue was whether the district court erred in concluding that 24 C.F.R. 8, 28, and 100.204 could not be privately enforced through 42 U.S.C. 1983; in the analysis of plaintiffs' intentional discrimination claim under the FHAA; in factual findings regarding the provision of Section 8 services to the class; in rulings on certain discovery issues; and in decertification. The court adopted the district court's findings and conclusions and held that the district court carefully considered and thoroughly discussed these issues. The court also considered plaintiffs' remaining arguments and held that they were without merit.

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Petitioners, registered nurses ("RNs") employed in the region, filed a complaint alleging that various hospital owners and operators in the Albany-Schenectady-Troy metropolitan area had conspired to depress the compensation of RNs in violation of the Sherman Antitrust Act, 15 U.S.C. 1. A petition for leave to appeal was filed well outside the limitations period but filed within the fourteen days of the district court's denial of the motion to amend the class certification. At issue was whether such a denial constituted "an order granting or denying class-action certification" for purposes of Federal Rule of Civil Procedures 23(f). The court dismissed the petition and held that petitioners failed to timely petition with respect to an order reviewable pursuant to Rule 23(f) where an interlocutory appeal under Rule 23(f) could not properly be taken from an order denying amendment to a previous order granting class certification, at least when the motion to amend was filed fourteen days after the original order granting class certification.