· 12/29/2006
Carol B. Oshana v. Coca-Cola Company, a Delaware Corporation
Citations
- 472 F.3d 506
- 2006 U.S. App. LEXIS 32036
- 2006 WL 3816041
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- adding that disclaimers in the complaint block removal only if state law makes them effective as caps on damages, which Illinois law does not
- holding that the typicality re- quirement was not satisfied where the plaintiff’s pro- posed class “include[d] people who knew fountain Diet Coke contained saccharin and bought it anyway” when the plaintiff “claim[ed] she was deceived and injured”
- noting that overbroad classes that contain members without valid claims fail for lack of ascertainability
- noting that “class definitions must be definite enough that the class can be ascertained” (citation omitted)
- affirming denial of certification and noting that millions of people were improperly included in the proposed class
- affirming the denial of class certification when “[c]ountless members of [the] putative class could not show any damage” resulting from the defendant’s actions
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Kanne, Sykes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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