2541. 8 . With one exception, (see Nicholson Noneconomic Loss Aff. V 13), the affidavits neglect to discuss the intangible disadvantages (e.g., danger, stress, etc.) that are part and parcel of a firefighter’s job. 9 . The parties estimate that there are 7,100 black and Hispanic firefighter applicants who sat for one or more of Exams 7029 and 2043, and estimate that approximately 2,200 of those applicants may be eligible for individual relief. (USA Proposed Notice Mem. (Docket Entry # 644) at 3.) The Hispanic victims of the City’s discrimination will not be eligible to recover compensatory damages because the United States has not alleged or proven that the City engaged in a pattern or practice of intentional discrimination against them. 10 . See Strip Search Cases, 461 F.3d at 227-29 (<HOLDING>). 11 . Under Title VII, a classwide assessment
recognizing that an appellate court ordinarily will not consider issues that were not raised at trial holding that under florida law a court hearing a case on a motion for a summary judgment can only consider those issues raised by the pleadings recognizing examples of exceptional circumstances where the public interest requires that the issues be heard or manifest injustice would result from the failure to consider such issues holding that we lack jurisdiction to consider claims that have not been raised before the bia holding that rule 23b3 predominance inquiry requires court to consider even those common issues that have been conceded