· 9/21/2007
John v. National Security Fire & Casualty Co.
Citations
- 501 F.3d 443
- 2007 U.S. App. LEXIS 22532
- 2007 WL 2743633
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, “where it is facially apparent from the pleadings that there is no ascertainable class, a district court may dismiss the class allegations on the pleadings”
- affirming district court’s vacating of class allegations where the plaintiffs declined to argue on appeal that their original class definition, rather than their new definition, satisfied Rule 23’s requirements
- “Where it is facially apparent from the pleadings that there is no ascertainable class, a district court may dismiss the class allegations on the pleadings.”
- cited with approval in Romberio v. UnumProvident Corp., 385 F. App’x 423, 431 (6th Cir. 2009)
- “The existence of an ascertainable class of persons to be represented by the proposed class representative is an implied prerequisite of Federal Rule of Civil Procedure 23.”
- affirming dismissal of unsupportable class-action allegations on Rule 12(b)(6) motion
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Benavides, Dennis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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