Carlos Gapasin v. Everlasting Real Estate Investments

How courts have described this case

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

• recognizing that \the party seeking to certify a class bears the burden of proving that all the requirements of Rule 23 are met\
• recognizing that “the party seeking to certify a class bears the burden of proving that all the requirements of Rule 23 are met”
• holding that the lower court erred in requiring ascertainability of a Rule 23(b)(2) class and explaining that “while the lack of identifiability is a factor that may defeat Rule 23(b)(3
• noting that the district court impermissibly “imported additional elements from Rule 23(b)(3) into the (b)(2) analysis [including] identifiability”
• recognizing that reasons might exist “why the ‘merits may become intertwined with proper consideration of other issues germane to whether the case should be certified as a class action’ that guide the court’s class certification decision.”
• noting that “if” the court determines Rule 23(a) has been met, then it moves to the 23(b) analysis

Source: CourtListener parenthetical corpus (CC0).