26 Cited authorities

Trbovich v. Mine Workers
404 U.S. 528 (1972) Cited 898 times 1 Legal Analyses
Holding that a union member's interest was not adequately represented by the Secretary of Labor because the Secretary had a "duty to serve two distinct interests, which are related, but not identical:" that of the individual union member and that of the general public
Mastercard Int. v. Visa Int. Serv. Ass'n
471 F.3d 377 (2d Cir. 2006) Cited 295 times
Holding Rule 19 Order is not appealable under Cohen
Railroad Trainmen v. B. O.R. Co.
331 U.S. 519 (1947) Cited 550 times 1 Legal Analyses
Holding that if a party has an unconditional statutory right to intervene, that party's “right to intervene [under Rule 24(a)(1) ] is absolute and unconditional”
Sierra Club v. Espy
18 F.3d 1202 (5th Cir. 1994) Cited 287 times
Holding that timber industry representatives were not adequately represented by the government because "[t]he government must represent the broad public interest, not just the economic concerns of the timber industry"
U.S. v. Pitney Bowes, Inc.
25 F.3d 66 (2d Cir. 1994) Cited 263 times
Holding that "[t]he district court's finding that [proposed intervenor's] application was untimely for purposes of intervention as of right applies as well to permissive intervention"
Butler v. Sequa Corp. and Sequa Capital
250 F.3d 171 (2d Cir. 2001) Cited 196 times 1 Legal Analyses
Finding a delay of more than a year to weigh in favor of untimeliness
Kleissler v. United States Forest Service
157 F.3d 964 (3d Cir. 1998) Cited 182 times
Holding that timber companies had an interest in a lawsuit aimed at changing their methods of timber-cutting
Forest Conserv. Council v. U.S. Forest Serv
66 F.3d 1489 (9th Cir. 1995) Cited 198 times
Holding that motion to intervene was not untimely even though settlement had been reached because the mediation proceedings had been conducted confidentially and the settlement negotiations were not conducted in open court
Floyd v. City of N.Y.
770 F.3d 1051 (2d Cir. 2014) Cited 107 times
Holding that there was no reputational injury in fact because the individual injuries are not adequately explained, for example by attached affidavits or declarations that state and describe how the subjects reputation was harmed
Feller v. Brock
802 F.2d 722 (4th Cir. 1986) Cited 211 times
Finding that denial of intervention as of right to apple pickers was reversible error and admitting intervenors as parties-defendant
Rule 24 - Intervention
Fed. R. Civ. P. 24 Cited 9,212 times 35 Legal Analyses
Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
Section 1997 - Definitions
42 U.S.C. § 1997 Cited 2,454 times 2 Legal Analyses
Requiring exhaustion of "such administrative remedies as are available"
Section 14141 - Transferred
42 U.S.C. § 14141 Cited 271 times 2 Legal Analyses
Authorizing Attorney General to investigate and, if warranted, file civil litigation to eliminate a “pattern or practice of conduct by law enforcement officers . . . that deprives persons of right, privileges, or immunities secured or protected by the Constitution or laws of the United States”
Section 2 - Omitted
42 U.S.C. § 2 Cited 188 times 4 Legal Analyses
42 U.S.C. § 2 EDITORIAL NOTES CODIFICATIONSection, acts Feb. 3, 1905, ch. 297, 33 Stat. 650; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; 1939 Reorg. Plan No. I, eff. July 1, 1939, §201, 4 F.R. 2728, 53 Stat. 1424, which provided for jurisdiction of Federal Security Agency over the Service, was superseded by section 202 of this title. STATUTORY NOTES AND RELATED SUBSIDIARIES REPEALSAct Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, which changed name of Public Health and Marine Hospital Service of the United
Section 1997c - Intervention in actions
42 U.S.C. § 1997c Cited 39 times
(a) Discretionary authority of Attorney General; preconditions; time period (1) Whenever an action has been commenced in any court of the United States seeking relief from egregious or flagrant conditions which deprive persons residing in institutions of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States causing them to suffer grievous harm and the Attorney General has reasonable cause to believe that such deprivation is pursuant to a pattern

Nunez v. N.Y.C. Department of Correction et al

26 Cited authorities

Holding that a union member's interest was not adequately represented by the Secretary of Labor because the Secretary had a "duty to serve two distinct interests, which are related, but not identical:" that of the individual union member and that of the general public

Holding Rule 19 Order is not appealable under Cohen

Holding that if a party has an unconditional statutory right to intervene, that party's “right to intervene [under Rule 24(a)(1) ] is absolute and unconditional”

Holding that timber industry representatives were not adequately represented by the government because "[t]he government must represent the broad public interest, not just the economic concerns of the timber industry"

Holding that "[t]he district court's finding that [proposed intervenor's] application was untimely for purposes of intervention as of right applies as well to permissive intervention"

Finding a delay of more than a year to weigh in favor of untimeliness

Holding that timber companies had an interest in a lawsuit aimed at changing their methods of timber-cutting

Holding that motion to intervene was not untimely even though settlement had been reached because the mediation proceedings had been conducted confidentially and the settlement negotiations were not conducted in open court

Holding that there was no reputational injury in fact because the individual injuries are not adequately explained, for example by attached affidavits or declarations that state and describe how the subjects reputation was harmed

Finding that denial of intervention as of right to apple pickers was reversible error and admitting intervenors as parties-defendant

Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

Requiring exhaustion of "such administrative remedies as are available"

Authorizing Attorney General to investigate and, if warranted, file civil litigation to eliminate a “pattern or practice of conduct by law enforcement officers . . . that deprives persons of right, privileges, or immunities secured or protected by the Constitution or laws of the United States”