· 7/31/1958
Raleigh v. Peterson
Citations
- 165 F. Supp. 47
- 1958 U.S. Dist. LEXIS 3640
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding predominance where single defendant was responsible for oil spill, and though different plaintiffs suffered different degrees of contamination to their property, “the central factual basis for all of Plaintiffs’ claims is the leak itself — how it occurred, and where the oil went”
- “A precise definition is essential to identify those entitled to notice and those bound by a judgment.”
- “Critical to the court’s predominance inquiry was the fact that ‘Plaintiffs submitted a proposed trial plan to the Court. The plan provides for a three-phase trial.’ ”
- “The analysis is whether the class action format is superior to other methods of adjudication, not whether a class action is superior to an out-of-court, private settlement program.”
- “it is safe to assume that few, if any, of the Plaintiffs were present at the time of the oil spill”
- “While Plaintiffs’ claims will involve some individualized determinations regarding the amount of damage suffered, if any, there are enough common issues regarding Defendant’s liability that class treatment would be appropriate under Rule 23.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Follmer
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.