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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)

Citation
Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Parent Document
Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Effective Date
2003-11-19

Other Sections in This Document (58)

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Our focus is upon the argument, first raised by PHA in its reply brief,3 that this appeal is moot because none of the original Plaintiffs who brought the lawsuit currently reside in PHA housing.4 In response, the Browns admit that the class was never formally certified by the District Court, but urge this Court to adopt a doctrine of "implied class certification." In addition, the Browns contend that because PHA had not sought vacatur of the Consent Decree on mootness grounds during the previous 30 years, PHA has waived the right to make this argument now.