· 3/23/2012
M.D. Ex Rel. Stukenberg v. Perry
Citations
- 675 F.3d 832
- 82 Fed. R. Serv. 3d 219
- 2012 WL 974878
- 2012 U.S. App. LEXIS 6061
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[t]he district court clearly rejected” the defendant’s individualization argument but had not “sufficiently analyzed” it
- noting that commonality is not shown when plaintiffs allege an amorphous claim of undefined and unspecified systemic misconduct
- noting that the deliberate indifference standard mandates “an individualized inquiry regarding the harm or risk of harm experienced by each class member”
- noting that cases challenging system-wide practices are appropriate for (b)(2) certification
- noting that cases challenging system-wide practices are appropriate for (b)(2) certification
- noting that the district court needed to explain why it had rejected the defendant’s argument that “resolution of each of the class member’s . . . claims require[d] individual analysis” that could have prevented the litigation from “generat[ing] common answers”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Clement, Southwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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