Charles L. Jordan v. County of Los Angeles

U.S. Court of Appeals for the Ninth Circuit February 23, 1984

Charles L. Jordan v. County of Los Angeles, 726 F.2d 1366 (9th Cir. 1984)

1984 U.S. App. LEXIS 25232; 36 Fair Empl. Prac. Cas. (BNA) 1592

Opinion

SECOND ORDER AMENDING OPINION

(Opinion, Aug. 18, 1983, 11 Cir.1983, 713 F.2d 503)

Before TANG, SCHROEDER and NELSON, Circuit Judges.

The Order Amending Opinion filed January 19, 1984, * is withdrawn.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. [2364] at 2371 n. 15 [72 L.Ed.2d 740] (Across the board

*1367 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.

Reference

Full Case Name: Charles L. JORDAN, Plaintiff-Appellant, v. COUNTY OF LOS ANGELES, Defendant-Appellee
Cited By: 14 cases
Status: Published