United States Seventh Circuit

In a class action suit under the ADA to require Illinois to provide community-based care for the class of institutionalized developmentally disabled people capable of living in the community, denial of petition to intervene is affirmed where: 1) petitioners could not demonstrate that disposition of the current action threatened to impair their interest in the subject matter of the action or that the parties failed to adequately represent their interest such that they had a right to intervene; 2) the district court did not abuse its discretion in denying petitioner's request for permissive intervention; and 3) petitioners forfeited their argument for conditional intervention.

Appellate Information

• Argued 10/30/2006
• Decided 02/15/2007
• Published 02/15/2007

Judges

• KANNE, Circuit Judge., Before EASTERBROOK, Chief Judge, and KANNE and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• James W. Ducayet, Sidley Austin, Chicago, IL, Michael Rato (argued), Sidley Austin, New York, NY, for Proposed Intervenors-Appellants.


• For Appellees:
  
• Barry C. Taylor, Equip for Equality, Inc., Max Lapertosa (argued), Access Living of Metropolitan, Chicago, IL, for Plaintiffs-Appellees., Mary E. Welsh (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendants-Appellees.