Creative Montessori Learning Centers v. Ashford Gear LLC

How courts have described this case

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

• observing that “draconian penalties for multiple faxes,” combined with the potential for class actions, can “impose[] potentially very heavy penalties on its violators”
• noting that counsel’s “lack of integrity ... casts serious doubt on their trustworthiness” and that there was “no basis for confidence that they would prosecute the case in the interest of the class ... rather than just in their interest as lawyers”
• reversing certification where proposed class counsel obtained evidence using false promises and made misleading representations to named plaintiffs
• remanding to the district court with instructions to reevaluate “the gravity of class counsel’s misconduct and its implications for the likelihood that class counsel will adequately represent the class.”
• finding proposed class counsel was inadequate because of a \demonstrated lack of integrity\
• “In determining whether to certify a class in this case, however, unethical conduct by plaintiffs counsel would be a relevant consideration.”

Source: CourtListener parenthetical corpus (CC0).