In a challenge by a small number of plaintiff class members to the 2008 amended settlement, arising from a 1998 class action suit brought by developmentally disabled nursing home residents on behalf of over 1000 class members alleging that Massachusetts did not provide appropriate treatments in appropriate settings to them as federal law required, district court's denial of motion to decertify is affirmed as, the district court did not abuse its discretion in finding the settlement was fair, reasonable, and adequate as the Commonwealth has made many commitments about ensuring the fairness of the placement process going forward.
Appeal from the United States District Court for the District of Massachusetts
Decided January 15, 2010
Opinion by Lynch, Chief Judge
For Appellee: Steven J. Schwartz, Cathy E. Costanzo, Center for Public Representation, Jeffrey S. Follett, Catherine H. Wicker, Foley Hoag LLP, Frank J. Laski, Mental Health Legal Advisors Committee, Matthew Engel, and Disability Law Center; Kenneth W. Salinger, Assistant Attorney General, with whom Martha Coakley, Attorney General