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· 2/7/2006

Deiter v. Microsoft Corp.

Citations

  • 436 F.3d 461
  • 2006 U.S. App. LEXIS 2906
  • 2006 WL 279078

How courts have described this case

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

  • explaining that a “representative party’s interest in prosecuting his own case must simultaneously tend to advance the interests of the absent class members” to establish typicality
  • noting the plaintiffs’ claims and the class members’ claims need not “be perfectly identical or perfectly aligned”
  • discussing, in class action antitrust claim context, the requirement that the plaintiffs establish proof of damages
  • explaining typicality: “a class representative must be part of the class and possess the same interest and suffer the same injury as the class members.”
  • noting the plaintiffs’ claims and the class members’ claims need not “be perfectly identical or perfectly aligned”
  • “The essence of the typicality requirement is captured by the notion that ‘as goes the claim of the named plaintiff, so go the claims of the class.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Widener, Niemeyer, Gregory

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.