Phillips v. Biddle

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 rationale for forbidding pre-certification merits rulings “disappears when the defendant him- self moves for summary judgment before a decision on class certifica- tion”
• \[D]istrict courts generally do not grant summary judgment on the merits of a class action until the class has been properly certified and notified.\
• “the Advisory Committee on Federal Rulés concluded that class members should be brought in prior to the determi-nátion of defendant’s liability”
• “The purpose of Rule 23(c)(2) is to ensure that the plaintiff class receives notice of the action well before the merits of the case are adjudicated.”
• “[W]hen defendants obtain summary judgment before the class has been 6 properly certified or before notice has been sent…the district court’s decision binds only the named 7 plaintiffs.”
• “The purpose of Rule 23(c)(2) 7 is to ensure that the plaintiff class receives notice of the action well before the merits 8 of the case are adjudicated.”

Source: CourtListener parenthetical corpus (CC0).