Alan F. GERSMAN, et al., Appellants,
v.
GROUP HEALTH ASSOCIATION, INC., Appellee.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 12, 1992.
Decided September 15, 1992.
Attorney(s) appearing for the Case
Douglas B. Huron, with whom David H. Shapiro, Washington, D.C., was on the brief, for appellants.
Anita Barondes, with whom Peter Chatilovicz, Ronald A. Lindsay and Christopher A. Weals, Washington, D.C., were on the brief, for appellee.
Stuart M. Gerson, Asst. Atty. Gen., with whom Jay B. Stephens, U.S. Atty., Marleigh D. Dover and Jacob M. Lewis, Attys., Dept. of Justice, Washington, D.C., were on the brief, for amicus curiae U.S., urging that this Court reinstate its prior judgment on the grounds that the Civil Rights Act of 1991 not be retroactively applied in this case.
Robert E. Williams and Douglas S. McDowell, Washington, D.C., were on the brief for amicus curiae Equal Employment Advisory Council, urging that this Court hold that the Civil Rights Act of 1991 does not apply to cases pending on the date of enactment.
Jill L. Kahn, New York City, for Anti-Defamation League of B'Nai Brith, Elliot Mincberg, Washington, D.C., for People for the American Way, Charles Stephen Ralston, New York City, and Kerry Scanlon, Washington, D.C., for NAACP Legal Defense and Educational Fund, and Richard T. Seymour, Washington, D.C., for Lawyers' Committee for Civil Rights Under the Law were on the joint brief for amici curiae, urging that section 101 of the Civil Rights Act of 1991 applies to this case.
Before WALD, BUCKLEY and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SENTELLE.
Dissenting Opinion filed by Circuit Judge WALD.
SENTELLE, Circuit Judge:
When last we considered this case, we affirmed the judgment of the District Court dismissing appellants' complaint for failure to state a claim on which relief could be granted. We now reconsider that decision on remand from the Supreme Court in light of the Civil Rights Act of 1991. Because we find pertinent portions of that...
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