Legal Opinion
Teresa Barney and Randy Barney, Bonita Waldron, on Behalf of Themselves and Others Similarly Situated, Intervenor-Appellant v. Holzer Clinic, Ltd.
Court of Appeals for the Sixth Circuit
Decided April 8, 1997No. 95-4263PublishedCited by 90 opinions
1Opinion of the Court
MOORE, Circuit Judge.
This class action presents the novel question of whether the Equal Credit Opportunity Act’s antidiscrimination provisions prohibit a medical clinic from refusing to accept new patients whose bills will be paid by Ohio’s Medicaid program. For the reasons discussed below, we hold that they do not. We do, however, believe that clear violations of Federal Rule of Civil Procedure 23 demand that we take the unusual step of addressing sua sponte the scope of the class certified below.
I. FACTS AND PROCEDURAL HISTORY
Plaintiffs-Appellants Teresa and Randy Barney and…
2Cases cited29 opinions
- Sosna v. IowaSupreme Court of the United States · 1975
- In Re American Medical Systems, Inc. Pfizer, Inc.Court of Appeals for the Sixth Circuit · 1996
- Cooper v. Federal Reserve Bank of RichmondSupreme Court of the United States · 1984
- Stephen Michael Ridder v. City of Springfield, Clark CountyCourt of Appeals for the Sixth Circuit · 1997
- In Re General Motors Corporation Engine Interchange LitigationCourt of Appeals for the Seventh Circuit · 1979
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3Cited by90 opinions
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- Rector v. City & County of DenverCourt of Appeals for the Tenth Circuit · 2003
- In Re: Orthopedic Bone Screw Products Liability Litigation Legal Committee, at 98-1762 American Academy of Orthopaedic Surgeons, North American Spine Society, and Scoliosis Research Society (The Medical Associations), at 98-1829Court of Appeals for the Third Circuit · 1999
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