· 7/7/2009
Kohen v. Pacific Investment Management Co.
Citations
- 571 F.3d 672
- 2009 U.S. App. LEXIS 14943
- 2009 WL 1919013
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that only one named plaintiff with standing is necessary to certify a class
- holding that “one named plaintiff with standing … is all that is necessary”
- explaining that determining which parties suffered net damages before class certification would be “putting the cart before the horse in that way would vitiate the economies of class action procedure; in effect the trial would precede the certification”
- noting that defendant was free to “depose a random sample of the class” to determine whether an imper-missibly high portion of the class could not have been harmed by the defendant’s actions and, if so, request decertification of the class
- “[A]s long as one member of a certified class has a plausible claim to have suffered damages, the requirement of standing is satisfied.”
- even when some named plaintiffs may lack standing, one named plaintiff with standing suffices to certify class.
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Evans, Tinder
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.