· 8/4/2006
Beck v. Maximus, Inc.
Citations
- 457 F.3d 291
- 2006 U.S. App. LEXIS 19898
- 2006 WL 2193603
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “unique defenses bear on both the typicality and adequacy of a class representative”
- explaining that a proposed class representative is not adequate “if the representative is subject to a unique defense that is likely to become a major focus of the litigation.”
- remanding because of difficulty discerning the district court’s analysis on typicality and adequacy
- finding presence of unique defense relevant to both the typicality and adequacy requirements
- noting the Supreme Court’s statement that typicality and adequacy of representation “‘tend to merge’ because both look to potential conflicts” (alteration omitted) (quoting Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 626 n.20 (1997))
- cautioning against certification when class representative may be subject to unique defense
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Nygaard, Alarcón
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.