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· 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 CourtListener

Sourced 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.