McNeal's Admr. v. Norfolk & Western Railway Co.

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 statement \designed to provide years of low-maintenance use and enjoyment\ was \puffery as a matter of law\
• “[OJne cannot determine, upon the present pleadings, whether receipts or records 29 or other means exist . . . to identify class members.”
• “the question of ascertainability is more appropriately addressed upon a developed factual record after class discovery”
• “Generally courts do not consider whether a proposed class meets the [Rule] 23 class requirements until after plaintiffs move for class certification.”
• “Because the Court cannot conclude that amendment would be futile, dismissal will be without prejudice to Plaintiffs’ right to file an amended pleading curing the identified deficiencies within twenty-one (21) days.”

Source: CourtListener parenthetical corpus (CC0).