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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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However, the Browns urge us to adopt a doctrine of "implied class certification." They refer us to other courts, which have seen fit to certify a case as a class action at the appellate level even though no Fed. R.Civ.P. 23 analysis was conducted at the district level. See, e.g., Navarro-Ayala v. Hernandez-Colon, 951 F.2d 1325 (1st Cir. 1991), Bing v. Roadway Express, Inc., 485 F.2d 441 (5th Cir.1973), Senter v. General Motors Corp., 532 F.2d 511 (6th Cir.1976), and Doe v. Bush, 261 F.3d 1037 (11th Cir.2001), cert denied, 534 U.S. 1104, 122 S.Ct. 903, 151 L.Ed.2d 872 (2002).