· 11/29/1938
Elgin Nat. Watch Co. v. Elgin Razor Corp.
Citations
- 25 F. Supp. 886
- 1938 U.S. Dist. LEXIS 1522
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that \'[a]n amendment to a pleading is futile if the proposed claim could not withstand a motion to dismiss. . . .'\ (quoting Lucente v. Int'l Bus. Machs. Corp., 310 F.3d 243, 258 (2d Cir. 2002) (other citation omitted))
- certifying a class defined, in part, as persons who “were sent a collection letter in a form materially identical or substantially similar to the form letter sent by the defendant to the plaintiff’
- “[T]he [pjlaintiff and class members will set forth the same claims based on the alleged FDCPA violations in the form letters.”
- “First, the Plaintiffs counsel have extensive experience in litigating matters under the FDCPA both in class actions and in individual suits.”
- “[Generally, courts will find a class sufficiently numerous when it comprises forty or more members.”
- “[T]he amount of each class members individual claims is very small so it is not likely that any of them would have a specific interest in individually controlling the prosecution of the action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkerson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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