CHARLES L. JORDAN, PLAINTIFF-APPELLANT,
v.
COUNTY OF LOS ANGELES, DEFENDANT-APPELLEE

9th Cir. | 1984-02-23
No. 79-3112
726 F.2d 1366 United States Court of Appeals for the Ninth Circuit (1984) Caution
Cited by 3 cases
Opinion of the Court

The Order Amending Opinion filed January 19, 1984,* is withdrawn.

The opinion filed August 18, 1983, is amended as follows:

After the fourth paragraph of the opinion, the following paragraph shall be inserted:
Falcon does not prohibit “across the board” class formation in every instance. See [General Telephone Co. v.] Falcon [457 U.S. 147], 102 S.Ct. at 2371 n. 15 [72 L.Ed.2d 740] (Across the board actions aimed at a specific hiring practice are permissible under Rule 23). However, even though it would be permissible to form a class of all black applicants challenging a specified hiring practice, we must conclude after recomputation of the actual number of rejected black applicants, that such a class in the present case would still fail under the numerosity requirement of Rule 23.

*

Editor’s Note: The only change made by the order of January 19, 1984, was the addition of a new paragraph after the fourth paragraph of the original opinion; the paragraph so added is revised by the second order of amendment.

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Cited By

  • Seidman v. City OF Beverly Hills & Tom John Auto., Inc., 785 F.2d 1447 (9th Cir. 1986)
  • Avirgan v. Hull, 103 F.R.D. 641 (S.D. Fla. 1989)
    …eneral policy of discrimination. Vuyanich v. Republic National Bank of Dallas, 723 F.2d 1195, 1199 (5th Cir.1984), cert. denied — U.S.-, 105 S.Ct. 567, 83 L.Ed.2d 507 (1984); Jordan v. County of Los Angeles, 713 F.2d 503, 504 (9th Cir.1983), amended 726 F.2d 1366 (9th Cir.1984). In all of these post-Falcon cases, the courts analyzed the class and individual claims under Rule 23(a) before determining whether to grant or deny class certification. Thus, the clear import of Falcon is not that disparate treatment…
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