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· 8/7/2012

Marcus v. BMW of North America, LLC

Citations

  • 687 F.3d 583
  • 83 Fed. R. Serv. 3d 246
  • 2012 WL 3171560
  • 2012 U.S. App. LEXIS 16369

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the party seeking class certification must demonstrate the putative class’s conformance with Rule 23
  • holding that factual findings sufficient to invoke a similar presumption under the NJCFA are “critical to the predominance analysis” and “cannot be side-stepped”
  • holding that potential class members submitting affidavits to gain class membership is not proper or just
  • holding that “nationwide” evidence “is not necessarily sufficient to establish numerosity” for state-specific classes
  • stating that a \court cannot be bashful\ when determining \whether there is actual conformance with Rule 23\
  • stating that the numerosity requirement “creates greater access to judicial relief, particularly for those persons with claims that would be uneconomical to litigate individually”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ambro, Chagares, Aldisert

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.