Melong v. Micronesian Claims Commission

643 F.2d 10, 207 U.S. App. D.C. 15
CourtCourt of Appeals for the D.C. Circuit
DecidedOctober 20, 1980
DocketNos. 79-1063—79-1066
StatusPublished
Cited by19 cases

This text of 643 F.2d 10 (Melong v. Micronesian Claims Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Melong v. Micronesian Claims Commission, 643 F.2d 10, 207 U.S. App. D.C. 15 (D.C. Cir. 1980).

Opinion

Opinion for the Court filed by Circuit Judge EDWARDS.

EDWARDS, Circuit Judge:

These consolidated cases are before us for the second time. See Ralpho v. Bell, 569 F.2d 607 (D.C. Cir. 1977), rehearing denied, 569 F.2d 636 (D.C. Cir. 1977); Melong v. Micronesian Claims Commission, 569 F.2d 630 (D.C. Cir. 1977), rehearing denied, 569 F.2d 636 (D.C. Cir. 1977). In this appeal, two questions are presented. Plaintiffs appeal an order of the District Court denying class certification in each of these cases. The Government has filed a cross-appeal, seeking reconsideration of certain positions previously argued before this court and rejected in its earlier opinions.

I.

The comprehensive opinions of Circuit Judge Robinson, in the decisions previously issued by this court, set forth clearly the facts and procedural history of these cases. See Ralpho v. Bell, 569 F.2d 607 (D.C. Cir. 1977), and Melong v. Micronesian Claims Commission, 569 F.2d 630 (D.C. Cir. 1977). Therefore, we give only a brief summary here.

In 1971, Congress passed the Micronesian Claims Act to provide compensation for losses incurred by inhabitants of the Pacific Islands of Micronesia during and immediately following World War II.1 In the Act, Congress established the Micronesian Claims Commission to solicit and resolve claims. In these cases, plaintiffs challenge certain awards made by the Commission under the Act.

In Ralpho v. Bell, plaintiffs pursue individual claims and attempt to represent a class of claimants challenging the sufficiency of property settlements under the Act. The gravamen of the complaint in Ralpho is that the Commission deprived plaintiffs of due process of law in basing its determinations of property damage claims on a property evaluation study without affording plaintiffs the opportunity to examine and rebut the findings of that study. In Me-long v. Micronesian Claims Commission, plaintiffs pursue individual claims and at[17]*17tempt to represent a class of claimants challenging the sufficiency of wrongful death payments under the Act. In essence, plaintiffs charge that the Commission improperly relied upon a fixed mortality table in computing wrongful death benefits, without considering other factors normally utilized in assessing compensatory damages under the laws of the Trust Territory of the Pacific Islands (Micronesia) and general tenets of international law.

The District Court initially dismissed these cases, holding that the Act precluded judicial review of Commission decisions and that the court therefore lacked jurisdiction to consider plaintiffs’ claims. Since the actions were initially dismissed, no ruling was issued by the District Court with respect to plaintiffs’ requests for class action certification.

In Ralpho v. Bell, 569 F.2d 607 (D.C. Cir. 1977), rehearing denied, 569 F.2d 636 (D.C. Cir. 1977), this court reversed the District Court finding that the Act precluded all judicial review of Commission action. 569 F.2d at 625-26. The court remanded the case for further proceedings; the court also expressed its view that the plaintiffs in Ralpho had been denied due process of law if the Commission had in fact relied upon the property evaluation study. Id. at 629.

In Melong v. Micronesian Claims Commission, 569 F.2d 630 (D.C. Cir. 1977), rehearing denied, 569 F.2d 636 (D.C. Cir. 1977), the court similarly reversed the District Court, and also held directly that the Commission had violated its statutory mandate and improperly computed wrongful death benefits. 569 F.2d at 631. The court in Melong thus ordered that the awards to the individual plaintiffs be vacated and redetermined in a manner consistent with Trust Territory and international law. Id. at 635.

Since the District Court had not considered the motions for class certification, this court expressed no opinion on the propriety of class treatment. The court thus viewed each case as involving only the named plaintiffs, and left the matter of class certification for consideration on remand. See 569 F.2d at 611 n.4; 569 F.2d at 631 n.1.

On remand, the District Court denied class certification in each case. In Melong, the District Court held that class certification was improper because “the prerequisites of Local Rule 1-13(b) and Rules 23(a), 23(b)(1) and 23(b)(2), F.R.Civ.P. have not been satisfied.” App. 225.2 In Ralpho, the District Court concluded that class certification should be denied because “the prerequisites of Rule 23(a) have not been satisfied.” R. 42.3 However, pursuant to the earlier decisions of this court remanding these cases, the District Court ordered the Commission to redetermine the claims of the individual plaintiffs in each case. App. 226; R. 43.

For the reasons presented below, we hold that the denial of class certification in these cases was proper.4 We also refuse to reconsider the earlier opinions of this court and accordingly dismiss the Government’s cross-appeal. The rulings of the District Court are therefore affirmed.5

[18]*18II.

Appellants in this case attempt to represent no less than all Micronesian claimants who now might seek a redetermination of their awards. As stated in their reply brief, appellants request that this court remand these cases to the District Court with instructions to “enter an order permitting these actions to be maintained on behalf of all those Micronesians whose claims were adjudicated by the Commission;” appellants also seek instructions that the District Court “enter judgment in favor of the plaintiff class and order the Commission to set aside the award of all claimants who elect to seek redetermination of their claims.” Appellants’ reply brief, p. 19. In addressing this request for class certification, it is necessary to backtrack and briefly highlight the manner in which claims were resolved under the Act.

Section 103 of the Act established a Micronesian Claims Commission, and directed that the Commission give extensive publicity to the provisions of the Act and assist all claimants in the preparation and filing of claims.

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Bluebook (online)
643 F.2d 10, 207 U.S. App. D.C. 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melong-v-micronesian-claims-commission-cadc-1980.