United States Second Circuit

In an appeal from an order approving a settlement agreement in a class action challenging policies adopted by the New York City Administration for Children's Services relating to the removal of children from their homes in cases of abuse and neglect, the order is affirmed in part where: 1) the district court erred in finding that the objector had opted out and, consequently, in removing her as class representative, but the error was harmless; and 2) the agreement was fair, adequate, and reasonable. However, the order is vacated in part where the text of a release provision did not comport with the undisputed intent of the parties.

Appellate Information

• Decided 12/08/2009
• Published 12/08/2009

Judges

• MINER, Circuit Judge:, Before:  MINER, CABRANES, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Hagit Elul, Hughes, Hubbard & Reed LLP, New York, NY, for Plaintiff-Appellant Conchita Jones., Wilbur McReynolds, Fayette, AL, pro se.


• For Appellees:
  
• Joan P. Gibbs, (Esmeralda Simmons, Timeko Overton, of counsel), Center for Law and Social Justice, Brooklyn, NY, for Plaintiffs-Appellees Joslin Richards-Cantave, Khatira Hikmah, Khaliah Martin, Amanda Sherman, Theresa Logan, People United for Children, Inc., Agatha Sibley, Cherry McClamy, Lesley Margerite Adams-Simien, and Denise Johnson Burgess., Susan Choi-Hausman, (Michael A. Cardozo, Pamela Seider Doglow and Martha Calhoun, of counsel), Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellants, the City of New York, Michael Bloomberg, Administration for Children's Services, and John B. Mattingly.