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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118789
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can the government dissmiss a complaint against the FAA if

Customer Question

Can the government dissmiss a complaint against the FAA if the person is part of a class action suit that was filed in 12/14 but still has not been certified as a class. They are using 29 C.F.R.1614.107(a) but if he is not classified in the class and they dismiss his suit, we have no recourse. Should I appeal. If the court ruled tomorrow the class in the suit is deemed to be a class, then I would agree with the dismissal
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the other complaint is still pending before the court/administrative agency based on the same facts and circumstances, then they can dismiss the complaint on that basis. The party would have recourse of joining the other suit and remaining in that suit. If he is not in the class, he needs to argue in that matter to include the person in the class.
Customer: replied 1 year ago.
He is in the class. The courts haven't determined if they constitute a class
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Even if the court does not certify the class, the first case can still proceed with the suit as individual multiple plaintiffs, it still does not justify a separate suit.