If a plaintiff is denied a hearing, does that result in a loss of income?

MultiRegion, United States of America

The following excerpt is from Nnebe v. Daus, 931 F.3d 66 (2nd Cir. 2019):

26 While we express no view on the class certification and damages issues, we note that the deprivation of a hearing alone does not necessarily proximately cause a loss of income, since a hearing in a particular case may well have led to a continued suspension in any event. See Warren v. Pataki , 823 F.3d 125, 143 (2d Cir. 2016) (noting that "[i]n the procedural due-process context, actual damages are based on the compensation that resulted from the plaintiffs receipt of deficient process," which involves a determination of "whether a different outcome would have been obtained had adequate procedural protections been given").

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