· 7/16/2004
Lynne A. Carnegie, on Behalf of Herself and All Others Similarly Situated v. Household International, Inc.
Citations
- 376 F.3d 656
- 2004 U.S. App. LEXIS 14635
- 2004 WL 1588083
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a defendant who urges a court to certify a class for settlement, and prevails, may later contest certification for litigation if the settlement fails, but only as to manageability
- holding that class consisting of persons allegedly defrauded by failure of banks and tax preparers to reveal that tax preparer was engaged in self-dealing was properly certified because RICO fraud claims could be separated into common liability claims and individual injury claims
- explaining that one option available to the district courts for solving problems created by the presence in a class action litigation of individual damages issues is to decertify the class after the liability trial
- noting that “[t]he realistic alternative to a class action is not 17 million individual suits, but zero individual suits” because of litigation costs
- Noting that “[t]he realistic alternative to a class action is not 17 million individual suits, but zero individual suits, as only a lunatic or fanatic sues for $30.”
- stating that Second, Fourth, and Fifth Circuits require direct reliance
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Posner, Rovner
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.