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· 12/23/2003

Birmingham Steel Corp. v. Tennessee Valley Authority

Citations

  • 353 F.3d 1331
  • 57 Fed. R. Serv. 3d 708
  • 2003 U.S. App. LEXIS 26169
  • 2003 WL 22999501

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a district court erred when it did not give plaintiffs an opportunity to name a new class representative when the named plaintiff was no longer a member of the class
  • explaining that because any recovery would “not ultimately benefit the [bankrupt] plaintiff,” but would instead be paid “for the benefit of the plaintiff’s creditors” the plaintiff could “no longer be expected to vigorously prosecute the litigation”
  • directing the district court to provide plaintiffs a period in which to cure deficiencies by replacing the class representative after class decertification
  • “[E]fficient administration of justice requires that . . . an opportunity [to substitute] be given as otherwise the two years spent conducting discovery would be rendered useless. . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Edmondson, Carnes

Read full opinion on CourtListener

Sourced 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.