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Home / Case Digests / Second Circuit — Notice of Appeal: Bloom v. Federal Deposit Insurance Corp.

Second Circuit — Notice of Appeal: Bloom v. Federal Deposit Insurance Corp.

U.S. Court of Appeals for the Second Circuit

Notice of Appeal

Unnamed Member of Prospective Class

Bloom v. Federal Deposit Insurance Corp.
11-5304-cv
Judges B.D. Parker, Lohier and Carney

Background: The appellant appealed from an order which decertified a class of plaintiffs alleging that they and other customers were charged improper fees when they made early payments on their home mortgages.

Ruling: The Second Circuit dismissed the appeal. The court held that the appellant had failed to notice an appeal of the denial of his motion. Further, the appellant was a nonparty and could not challenge the decertification as he was an unnamed member of the prospective class.

Peter D. St. Phillip Jr. of Lowey Dannenberg Cohen & Hart for the appellant; Joseph Brooks of the Federal Deposit Insurance Corporation for the defendant-appellee