13 results for 'cat:"Government" AND cat:"Class Action"'.
J. Osteen denies the state department of health and human services’ secretary’s motion to dismiss allegations of disability discrimination brought by a class of parents and guardians of disabled children. The class shows sufficient evidence that hundreds of children with disabilities are unnecessarily institutionalized at understaffed state psychiatric wards every year in North Carolina. The children are subject to physical, emotional and sexual abuse and given heavily mind-altering drugs by untrained employees in violation of the ADA, specifically the Olmstead Act.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 29, 2024, Case #: 1:22cv1046, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, government, class Action
J. Gleason denies the state's amended motion for stay regarding a proposed class' allegations that the state did not respond to Supplemental Nutrition Assistance Program (SNAP) applicants within the required timeframe or denied applicants the right to apply for SNAP benefits the first time they contacted the agency. The state asserts that it has "demonstrated commitment to resolving the backlog" in processing SNAP applicants while the case has been stayed. "Further delaying the resolution of this issue could cause potential damage to the proposed class members."
Court: USDC Alaska, Judge: Gleason, Filed On: February 5, 2024, Case #: 3:23cv44, NOS: Other Statutory Actions - Other Suits, Categories: government, class Action
J. Reidinger denies a group of white Asheville residents’ motion for class certification after it claimed Asheville’s city government discriminated against its members on the basis of race. The group, challenging a city HR policy which had specific demographic quotas for its volunteer-based commission, claimed that because the policy required certain numbers of people of color to be appointed, the city was discriminating against its members as white people. Of 46 white people in the class, 16 of them were appointed by the city, leaving 30 not appointed, but the class does not provide any evidence as to why those 30 were not appointed. Also, the city changed the policy a year prior, still encouraging marginalized people’s participation in the commission but removing any specific quotas, in effect negating the reason for the group’s complaint.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 16, 2024, Case #: 1:23cv259, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, class Action
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J. Laurer denies the petitioner's request for class certification in his action against the Secretary of Veterans Affairs regarding challenges to its other than honorable character of discharge. Though his request for relief had been satisfied after his receiving a new and material evidence determination after filing this petition, he argues his petition and class action request are not moot based on certain exceptions. The class questions in this case relate to manageability, while implicit adjudication questions are case specific and ill-suited to class-wide review and relief.
Court: Court Of Appeals For Veterans Claims, Judge: Laurer, Filed On: December 19, 2023, Case #: 22-7344, Categories: government, Veterans, class Action
J. Oliver grants the black homeowners' motion for class certification, ruling that while there are not specific numbers in the water shutoff class, the numbers provided for the lien class allow the court to make common sense assumptions about its size, which meets numerosity requirements. Additionally, all of the claims center on one of three actions - the filing of a lien by the city, the shutoff of water service or excessively high billing - and, therefore, commonality requirements are satisfied.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: September 29, 2023, Case #: 1:19cv2911, NOS: Housing/Accommodations - Civil Rights, Categories: government, Water, class Action
J. Goodwin grants West Virginia’s motion to dismiss with prejudice one of the named plaintiffs in the child welfare class action. Since the child - now an adult - was in the custody of the Bureau of Juvenile Services, and not the Department of Health and Human Resources from June through December 2019, he "was not 'a foster child . . . in the foster care custody of DHHR' at the time this class action was filed."
Court: USDC Southern District of West Virginia, Judge: Goodwin , Filed On: September 1, 2023, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, class Action
J. Goodwin grants in part and denies in part 12 current and former foster care children’s motion for class certification and appointment of class counsel in their civil rights suit challenging “systemic deficiencies” in the state of West Virginia’s child welfare system. Finding the children’s
claims are “tailor-made for class resolution,” the court grants the motion for approval of one general class and one Americans with Disabilities Act subclass, but denies the motion for a kinship subclass. Also, the court appoints seven attorneys, one law firm and two child advocacy groups as class counsel.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: August 17, 2023, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, class Action
[Modified.] J. Whitman changes several sentences in a case about utility rates and denies a petition for rehearing with no change in judgment. The trial court properly found in favor of the utility district in this purported class action alleging that its tiered-rate water structure to determine the cost of water service violates the California Constitution. If notice was required under the Government Claims Act, any of the Act’s time requirements did not extend the statute of limitations applicable to the action seeking refund of allegedly illegal fees. Because the complaint mainly challenges the tiered-rate structure, the validation statute’s shorter statute of limitations governs. Affirmed.
Court: California Courts Of Appeal, Judge: Whitman, Filed On: June 15, 2023, Case #: A163054, Categories: Constitution, government, class Action
J. Dooley denies the employer's motion to dismiss putative class labor claims, ruling the 2015 rule added to the Fair Labor Standards Act to deny third-party employers certain exemptions for live-in health care workers is a reasonable interpretation of the Act. Prior to the rule, the legislation was completely silent on whether exemptions applied to third-party employers. Therefore, because the legislature followed proper procedure when it passed the rule, including a notice and comment period, it is a reasonable interpretation of the law and applies to the employer in this case.
Court: USDC Connecticut, Judge: Dooley, Filed On: June 6, 2023, Case #: 3:22cv612, NOS: Fair Labor Standards Act - Labor, Categories: government, class Action, Labor
J. Whitman finds the trial court properly found in favor of the utility district in this purported class action alleging that its tiered-rate water structure to determine the cost of water service violates the California Constitution. If notice was required under the Government Claims Act, any of the Act’s time requirements did not extend the statute of limitations applicable to the action seeking refund of allegedly illegal fees. Because the complaint mainly challenges the tiered-rate structure, the validation statute’s shorter statute of limitations governs. Affirmed.
Court: California Courts Of Appeal, Judge: Whitman, Filed On: May 23, 2023, Case #: A163054, Categories: Constitution, government, class Action