· 5/17/1974
Elmo E. Koos, Sr. And Caroline M. Koos v. First National Bank of Peoria
Citations
- 496 F.2d 1162
- 18 Fed. R. Serv. 2d 996
- 1974 U.S. App. LEXIS 8575
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that typicality is defeated only when “a major focus of the litigation will be on an arguable defense unique to the named plaintiff”
- certification should be denied when the putative representative is subject to an unique defense
- “Where it is predictable that a major focus of the litigation will be on an arguable defense unique to the named plaintiff or a small subclass, then the named plaintiff is not a proper class representative.”
- “Where it is predictable that a major focus of the litigation will be on an arguable defense unique to the named plaintiff or a small subclass, then the named plaintiff is not a proper class representative.”
- “Where it is predictable that a major focus of the litigation will be on an arguable defense unique to the named plaintiff or a small subclass, then the named plaintiff is not a proper class representative.”
- “Where it is predictable that a major focus of the litigation will be on an arguable defense unique to the named plaintiff or a small subclass, then the named plaintiff is not a proper class representative.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Swygert, Kiley, Cummings
Read full opinion on CourtListenerSourced 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.