Burton M. Abrams and Marguerite M. Abrams v. Interco Incorporated

How courts have described this case

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

• observing that the “accepted view” is “that the decision of issues not actually litigated, e.g., a default judgment, has no preclusive effect in other litigation”
• discussing plaintiffs’ concern that accepting individual offers of judgment after denial of class certification might waive issue of class certification for appeal
• “In substance, what defendant did by its offer was no different ... than if it had submitted to a default judgment on the individual claims.”
• “all that remains is their individual claims, for which Interco admittedly has offered to pay much more than plaintiffs could obtain by suit.”
• no justification for expending court resources after defendant offered plaintiff more than plaintiff could recover on merits
• “Once the defendant offers to satisfy the plaintiffs entire demand, there is no dispute over which to litigate ... and a plaintiff who refuses to acknowledge this loses outright, under Fed.R.Civ.P. 12(b)(1

Source: CourtListener parenthetical corpus (CC0).