United States DC Circuit

Petition for interlocutory review denied, where the issues critical to the following question were entirely unbriefed: "In a case involving requests for both monetary and equitable relief, may a district court certify a Rule 23(b)(2) class as to equitable relief only, without first determining whether, looking at the complaint as a whole, plaintiffs' monetary claims predominate over their equitable claims?"

Appellate Information

• Decided 10/29/2002
• Published 10/29/2002

Judges

• Before:  TATEL and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Charles W. Scarborough, Attorney, U.S. Department of Justice, argued the cause for petitioner.   With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and Robert M. Loeb, Attorney, U.S. Department of Justice.


• For Appellees:
  
• Joseph M. Sellers argued the cause for respondents.   With him on the brief were Suzette M. Malveaux, Alexander Pires, Jr., David Frantz, and Phillip L. Fraas., Michael L. Foreman, Elaine R. Jones, Norman J. Chachkin, Paul M. Smith, Ian Heath Gershengorn, and John Dossett were on the brief for amici curiae in support of respondents.