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· 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 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.