By: WISCONSIN LAW JOURNAL STAFF//February 3, 2012//
United States Court of Appeals For the Seventh Circuit
Civil
Civil Rights — IDEA; class certification
It was improper to certify a class action under the Individuals with Disabilities Education Act.
“On the merits we vacate the class-certification order. Like the Title VII claims in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the IDEA claims in this case are highly individualized and vastly diverse, making this case unsuitable for class-action treatment under Rule 23 of the Federal Rules of Civil Procedure. The class itself is fatally indefinite, the claims lack the commonality required by Rule 23(a)(2), and it’s not possible to order final injunctive or corresponding declaratory relief on a class-wide basis, as required by Rule 23(b)(2). Because the class should not have been certified, the liability and remedial orders must be vacated as well. Finally, DPI’s settlement with the class prejudiced MPS’s legal rights by requiring more of MPS than DPI had the statutory authority to demand. In any case, because the class was certified in error, the order approving the DPI settlement must also be vacated.”
Vacated and Remanded.
09-2741 & 09-3274 Jamie S. v. Milwaukee Public Schools
Appeals from the United States District Court for the Eastern District of Wisconsin, Goodstein, Mag. J., Sykes, J.