· 2/11/1997
In Re Woodward & Lothrop Holdings, Inc.
Citations
- 205 B.R. 365
- 1997 Bankr. LEXIS 125
- 30 Bankr. Ct. Dec. (CRR) 440
- 1997 WL 58639
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 “class representative’s failure to move for class certification is a strong indication that he will not fairly and adequately represent the interests of the class” (citations omitted)
- expunging class claim because, inter alia , the representative's failure to seek class certification expeditiously precluded him from invoking class action rules and holding that \[t]he claim cannot be allowed as a class claim until the bankruptcy court directs that Rule 23 apply\
- “As the case moves toward its conclusion, it is more likely that a delay in resolving the certification issue will interfere with the administration of the estate”
- “A bankruptcy proceeding offers the same procedural advantages as the class action because it concentrates all the disputes in one forum.”
- where class representative claimed damages of only $922.15, the stakes were not substantial enough to justify certification of a class claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Stuart M. Bernstein
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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