David Weinberger, on His Own Behalf and on Behalf of All Others Similarly Situated v. Retail Credit Company

How courts have described this case

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

• holding that because the plaintiff’s claim was barred, he was not a member of the class he sought to represent and could not maintain the suit as a class action
• noting that federal law, unlike Tennessee law, requires “the showing of failure to discover the operative facts within the limitations period”
• “being barred from suit himself, [the plaintiff] is not a member of the class he seeks to represent”
• “Furthermore, being barred from suit himself, Weinberger is not a member of the class he seeks to represent under section 16 and thus does not fulfill the first prerequisite of Fed. R .Civ. P. 23(a).”
• “Furthermore, being barred from suit himself [by the statute of limitations], Weinberger is not a member of the class he seeks to represent under section 16 and thus does not fulfill the first prerequisite of Fed. R. Civ. P. 23(a).”

Source: CourtListener parenthetical corpus (CC0).