· 8/16/2013
Jeffry Vodenichar v. Halcon Energy Properties Inc
Citations
- 733 F.3d 497
- 2013 WL 4268840
- 2013 U.S. App. LEXIS 17027
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 “primary defendant” is a defendant who is the “real target” of the overall action (internal quotation marks omitted)
- opining that overlap between the putative classes was irrelevant
- determining the defendant was a primary defendant where “Plaintiffs allege that each defendant is directly liable, appear to apportion liability equally among the defendants, and seek similar relief from all defendants”
- finding courts have construed primary defendants to mean “those defendants who are directly liable to the proposed class, as opposed to being vicariously or secondarily liable based upon theories of contribution or indemnification”
- stating, when determining whether a defendant is a “primary defendant,” courts should decide whether the plaintiff seeks to hold the defendant responsible for its own actions or to have the defendant pay for others’ actions
- “CAFA does not define what constitutes an ‘other class action’ other than to limit it to filed cases asserting similar factual allegations against a defendant.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rendell, Smith, Shwartz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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