Burka v. New York City Transit Authority

ALTIMARI, Circuit Judge:

Petitioner-appellant John Gray appeals from a judgment of the United States District Court for the Southern District of New York (Patterson, J.), upholding a determination by respondent-appellee New York City Transit Authority (“respondent” or the “Transit Authority”) that Gray was not an eligible class member under the terms of an Order on Consent (“Consent Order” or “settlement”). Under the Consent Order, which settled a class action challenging respondent’s drug testing policy, a claimant can collect only if he has not brought a prior claim that by virtue of res…