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Supreme Court won't review Arizona foster-care lawsuit
Law Promo News |
2020/03/24 10:24
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The U.S. Supreme Court has declined to review whether a 2015 lawsuit alleging gross failures in the foster-care system should be treated as a class-action matter.
The high court decision means the case will proceed to trial as a class-action lawsuit, the Arizona Republic reported.
A trial date has not yet been scheduled before U.S. District Court Judge Roslyn Silver. Any changes to the system resulting for the lawsuit will apply to all children in Arizona foster care, as well as those in the future.
Attorneys for the Arizona Department of Child Safety and the state's Medicare provider argue the lawsuit conflates problems that individual children have encountered with systemwide failures.
New York-based nonprofit Children's Rights has brought similar lawsuits in other states, arguing the problems are systemic and can only be solved with judicial intervention.
Silver's decision to classify the matter as a class action was upheld by the 9th U.S. Circuit Court of Appeals.
The Department of Child Safety has argued that it has made substantial improvements, citing a 23% decrease of children in state custody and to a higher rate of children leaving the system, either because the children were returned to their parents or were adopted. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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