Class Action Litigation Report® is a one-stop resource for tracking the most important class-action and multi-party litigation across the nation, and across all subjects with particular focus on...
By Perry Cooper
Sept. 22 — Foreign nationals who challenged their detention by the U.S. government will get another chance to seek class status even though they are no longer detained, the Third Circuit ruled Sept. 22 ( Gayle v. Warden , 2016 BL 312304, 3d Cir., No. 15-1785, 9/22/16 ).
The men were detained under 8 U.S.C. § 1226(c), the section of the Immigration and Nationality Act that requires mandatory detention of “aliens who have committed specific crimes,” Judge Cheryl Ann Krause’s opinion said.
By the time the district court considered their motion for class certification, the men had already been released, making their individual claims moot. The court denied the motion, finding that certification was “unnecessary” because it had already entered injunctive relief on the plaintiffs’ individual claims.
The U.S. Court of Appeals for the Third Circuit vacated the judgment, finding that the district court lacked jurisdiction to rule on the individual’s cases after they were released.
The district court retained jurisdiction over the class certification motion, however, because even if a class representative’s individual claim is moot, it carries forward for the limited purpose of arguing a reviewable motion through to completion, the Third Circuit said.
The district court improperly relied on “necessity” in denying class certification, the appeals court said. There is a three-way split among the federal appeals courts on the role of “necessity,” but the Third Circuit has never ruled on it.
It sided with the First Circuit, holding that “necessity is not a freestanding requirement justifying denial of class certification.”
Necessity may be considered as it is relevant to the criteria for class certification under Fed. R. Civ. P. 23, but the district court disregarded the Rule 23 criteria altogether, the Third Circuit held.
Judges Julio M. Fuentes and Jane Richards Roth joined the opinion.
Gibbons P.C. represented the plaintiffs.
To contact the reporter on this story: Perry Cooper in Washington at firstname.lastname@example.org
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)