Belveal v. Heckler

I believe the majority’s myopic reading of § 2(d)(5) works an injustice on the plaintiff class before us and makes a mockery of the equitable powers of our Court. In my view § 2(d)(5) is amenable to the equitable relation-back doctrine. I believe the district court’s erroneous denial of class certification presents a classic case for applying the relation-back doctrine. From the majority’s failure to invoke our Court's equitable powers, I respectfully dissent.

The relation-back doctrine and its application to the erroneous denial of class certification is well established by the Supreme Court…