U.S. Court of Appeals for the Second Circuit
Notice of Appeal
Unnamed Member of Prospective Class
Bloom v. Federal Deposit Insurance Corp.
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