· 1/13/2012
Messner v. Northshore University HealthSystem
Citations
- 669 F.3d 802
- 2012 WL 129991
- 2012 U.S. App. LEXIS 731
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it is sufficient for the plaintiff to prove disputed Rule 23 requirements by a preponderance of the evidence
- holding that “[i]t is sufficient if each disputed requirement has been proven by a preponderance of evidence”
- holding that rather than striking class allegations, district courts should often “refin[e] the class definition”
- holding that the availability of “common evidence and common methodology to prove a class’s claims is sufficient to support a finding of predominance”
- holding that a 2.4% decrease in class size did not justify denial of certification
- explaining that a fail-safe class is “one that is defined so that whether a person qualifies as a member depends on whether the person has a valid claim”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sykes, Tinder, Hamilton
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.