· 10/30/1975
Eli Peritz v. Liberty Loan Corporation
Citations
- 523 F.2d 349
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- describing one-way intervention as the problem created by potential class members waiting for a resolution of the merits before deciding to join the lawsuit
- noting, without deciding, that other circuits have held that a defendant may waive the one-way intervention protection of Rule 23(c) by moving for summary judgment before class certification
- “Section 23(c)(1) makes it plain in the second sentence thereof that the order determining class status is to be made and finalized ‘before the decision on the merits.’ ”
- \Section 23(c)(1) makes it plain in the second sentence thereof that the order determining class status is to be made and finalized 'before the decision on the merits.' \
- emphasis 10 Although Eisen and other cases cited below predate Rule 23(c)(1)(A)’s 2003 amendment, that amendment did not mean “to alter the standard itself[,] so . . . prior caselaw remains instructive.” Mary Kay Kane, 7AA Federal Practice and Procedure § 1785.3 (3d ed. 2019
Source: CourtListener parenthetical corpus (CC0).
Judges: Swygert, Bauer, Bryan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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