M.D. V. Perry Appeal from United States District Court for the Southern District of Texas
March 23, 2012
On March 23, 2012, a three-judge panel of the 5th U.S. Circuit Court of Appeals reversed the class action status of M.D. v. Perry, a Texas lawsuit filed by Children’s Rights on behalf of a proposed class of 12,000 children in Texas foster care placements. In May 2011, a lower court had granted class action status. The state appealed. The appeals court decision said that the proposed class lacks cohesiveness—the individuals lack enough in common to constitute a class for which a single remedy could address the alleged problems cited by . . .

