multi-party litigation without class action

Good morning!

I was able to find wireless in a session, so I am actually blogging directly from a workshop. This is primarily geared to LSC-funded programs who are restricted from filing class actions by LSC regs. It answers the question, how do you achieve class-wide relief without filing a class action?

Sarah Somers of the National Health Law Program spoke first.

One major tool is challenging state regulatory agency decisions using the state Administrative Procedures Act. State APAs vary somewhat, but they basically require that any regulation or rule promulgated by a state agency must be published for comment before it is enacted, otherwise the state agency has abused its discretion. If you can proceed with one or a few plaintiffs in challenging a rule, and get the rule invalidated for violating the State APA, there is class-wide relief, even though you have not filed a class action.

The other two speakers are both attorneys from California. They do some good work but most of their references are to state laws which provide protections that I don't think exist in Nebraska. One is a "writ" or "mandamus" law, where any "interested person" can challenge an illegal state agency action. Another is a "aggreived taxpayer law" which allows any taxpayer to sue to challenge wasteful tax money spending. In both cases, you don't need a specific harmed plaintiff.

Sarah Somers mentions that state Protection and Advocacy organizations (federally funded) have automatic organizational standing in disability rights cases.

Dave