24 Cited authorities

Wal-Mart Stores, Inc. v. Dukes
564 U.S. 338 (2011) Cited 6,689 times 505 Legal Analyses
Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
Robidoux v. Celani
987 F.2d 931 (2d Cir. 1993) Cited 878 times 2 Legal Analyses
Holding that recipients of public assistance challenging delays by the Vermont Department of Social Welfare could proceed under the "inherently transitory" exception in part because "the Department will almost always be able to process a delayed application before a plaintiff can obtain relief through litigation"
Marisol A. v. Giuliani
126 F.3d 372 (2d Cir. 1997) Cited 745 times
Holding that the district court did not abuse its discretion in certifying the class but suggesting that prior to trial the district court “ensure that appropriate subclasses are identified”
Consol. Rail Corp. v. Town of Hyde Park
47 F.3d 473 (2d Cir. 1995) Cited 749 times 2 Legal Analyses
Holding that "numerosity is presumed at a level of 40 members"
German v. Federal Home Loan Mortg. Corp.
885 F. Supp. 537 (S.D.N.Y. 1995) Cited 215 times
Holding that a state proceeding was not "concurrent" to a federal proceeding "involv[ing] different parties"
Escalera v. New York City Housing Authority
425 F.2d 853 (2d Cir. 1970) Cited 355 times
Holding that due process requires detailed notice of the reasons for terminations of tenancies in the public housing context
McNeill v. N.Y. Hous. Auth.
719 F. Supp. 233 (S.D.N.Y. 1989) Cited 102 times
Holding that risk of eviction from Section 8 housing satisfies irreparable injury prong of preliminary injunction test
Oscar v. BMW of North America, LLC
274 F.R.D. 498 (S.D.N.Y. 2011) Cited 34 times
Finding that two of Oscar's three theories of injury were "foreclose[d]" by case law as a basis for a class action, but that the overpayment theory may state a cognizable injury
Cortigiano v. Oceanview Manor Home for Adults
227 F.R.D. 194 (E.D.N.Y. 2005) Cited 41 times
Finding numerosity to be satisfied where plaintiffs proffered "publicly available census data" showing that "more than 150 residents at Oceanview come within the class definition which they advance"
Reynolds v. Giuliani
118 F. Supp. 2d 352 (S.D.N.Y. 2000) Cited 41 times
Finding that joinder was impracticable if not impossible due to the fluid nature of the class and the lack of financial resources and sophistication of class members
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,153 times 1237 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices
42 U.S.C. § 3604 Cited 4,107 times 64 Legal Analyses
Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"
Section 701 - Findings; purpose; policy
29 U.S.C. § 701 Cited 4,085 times 9 Legal Analyses
Finding that "disability ... in no way diminishes the right of individuals" to "enjoy full inclusion and integration" in the "mainstream of American society"

Baez et al v. New York City Housing Authority

24 Cited authorities

Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

Holding that the district court did not abuse its discretion in certifying the class but suggesting that prior to trial the district court “ensure that appropriate subclasses are identified”

Holding that "numerosity is presumed at a level of 40 members"

Holding that a state proceeding was not "concurrent" to a federal proceeding "involv[ing] different parties"

Holding that due process requires detailed notice of the reasons for terminations of tenancies in the public housing context

Holding that risk of eviction from Section 8 housing satisfies irreparable injury prong of preliminary injunction test

Finding that two of Oscar's three theories of injury were "foreclose[d]" by case law as a basis for a class action, but that the overpayment theory may state a cognizable injury

Finding numerosity to be satisfied where plaintiffs proffered "publicly available census data" showing that "more than 150 residents at Oceanview come within the class definition which they advance"

Finding that joinder was impracticable if not impossible due to the fluid nature of the class and the lack of financial resources and sophistication of class members

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

Finding that "disability ... in no way diminishes the right of individuals" to "enjoy full inclusion and integration" in the "mainstream of American society"