In Deininger v. Palm Beach County, here's the link, the 4th DCA overtuned a trial court denial of class action status for Palm Beach County employees whose disciplinary hearings violated the Sunshine Law.
The District Court had previously determined that the process used by the County violated the Sunshine Law (posted awhile back). Apparently, the County in its (not surprising) arrogance has continued to use the same illegal procedures. Two disciplined employees sued to determine that their employment actions violated the Sunshine Law and asked for class status on behalf of all similarly situated employees. The trial court dismissed, looking at the merits of the dismissals and holding that each employee would have its own facts.
The 4th recognized that where the claim is that the process violates the Sunshine Law, and that the actions would be void ab initio without respect to the merits, the plaintiffs stated a valid class action claim.
For practitioners - compare this with the 5th's treatment of the buildingfee case a few weeks ago - they claimed that the County's entire process for assessing building fees was invalid as applied to everyone (if not facially) because of decisions made in how the rules were implemented. The court found that the as applied claims couldn't state a class action because the individual merits/calculations were the critical issue to validity. One wonders if this is a pleading problem with that case, or a conflict between the courts.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Chủ Nhật, 26 tháng 3, 2006
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
You would think after forty-seven thousand gazillion years of jurisprudence, litigators would be savvy enough to not argue the same re...
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
I don't know, I feel like we're getting a little Frank Jimenez chronic here, and yet more news keeps breaking. Now it's this , i...
-
The Second District Court of Appeal ruled yesterday in Payne v. Payne , a case in which the parties sought dissolution of a seventeen year m...
-
Shuster & Saben Defeats US Bank & Douglas Zahm PA in Foreclosure Appeal In 2011, firm attorney Richard Shuster obtained the dis...
-
In Atlantic Shores v. 507 South Street Corporation, here's the link , the court held that an objecting neighbor could not litigate a hei...
-
Tallahassee Police Department Cyber Crimes Unit tallahassee.com - www.tallahassee.com "Hard drive duplication is one of the first and m...
-
In Powell v. City of Sarasota, here's the link, http://www.2dca.org/opinion/September%2013,%202006/2D05-4850.pdf , the Second DCA held t...
-
"ANKARA, Turkey -- On Aug. 16, 2005, a CNN television news bulletin alerted viewers that computers at the network's New York and At...
Không có nhận xét nào:
Đăng nhận xét