· 8/26/2019
Parkhill Ltd. Liab. Co. v. Economic & Community Dev. Inst., Inc.
Citations
- 2019 Ohio 3444
Syllabus
CIVIL - subordination agreement commercial lease breach liability right to collateral damages 20-day grace period 10-day per diem rental rate failure to remove collateral abandonment trial court's calculation correct.
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 key numerosity inquiry is the practicability of joinder
- noting that the Seventh Circuit has recognized as numerous classes of as few as 40 members
- noting that geographic dispersion cut against certification where “[a]ll but two of the class members lived within a 50-mile radius of the courthouse”
- noting that “a putative class over 40 is not inevitably endowed with numerosity status”
- \Our reasoning does not require a plaintiff to identify the exact number of class members at the certification stage.\
- “As the party with the burden of proof, [the plaintiff] needed to attend diligently in the district court to the demands of Rule 23.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rice
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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