United States First Circuit

In a challenge by a small number of plaintiff class members to a 2008 amended settlement arising from a 1998 class action suit brought by developmentally disabled nursing home residents alleging that Massachusetts did not provide appropriate treatments in appropriate settings to them as federal law required, district court's denial of plaintiffs' motion to decertify is affirmed as the district court did not abuse its discretion in finding the settlement was fair, reasonable, and adequate as the Commonwealth has made many commitments about ensuring the fairness of the placement process going forward.

Appellate Information

• Decided 01/19/2010
• Published 01/19/2010

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, SELYA and STAHL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Stephen M. Sheehy with whom Anthony S. Fiotto, Jr., Michelle R. Gonnam, Christiaan H. Highsmith, and Goodwin Proctor, LLP were on brief for plaintiffs-appellants.


• For Appellees:
  
• Steven J. Schwartz with whom Cathy E. Costanzo, Center for Public Representation, Jeffrey S. Follett, Catherine H. Wicker, Foley Hoag LLP, Frank J. Laski, Mental Health Legal Advisors Committee, Matthew Engel, and Disability Law Center were on brief for plaintiffs-appellees., Kenneth W. Salinger, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief for defendants-appellees.