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· 3/19/1985

Rose Dionne, Etc. v. Gerard Bouley, Etc., Rose Dionne, Etc. v. Gerard Bouley, Etc.

Citations

  • 757 F.2d 1344
  • 1985 U.S. App. LEXIS 29778
  • 53 U.S.L.W. 2487

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing discretion of federal courts to “deny Rule 23(b)(2) certification where it is a formality or otherwise inappropriate” but emphasizing need for attention to “situations where a class certification under Rule 23(b)(2
  • affirming, as modified, injunction prohibiting state court clerk from issuing writs of attachment under constitutionally deficient procedures
  • “[I]t is perfectly consistent with Mathews not to require notice or hearing 14 before a post-judgment attachment
  • “[Endicott-Johnson’s ] expansive language is no longer the law given the more recent Supreme Court precedent in the area of property sequestrations and due process.”
  • “[T]he debtor must receive and be notified of a timely opportunity to challenge any sequestration of his property which the law makes unattachable.”
  • debtor entitled to procedural safeguards that can be afforded without undermining creditor's adjudicated rights

Source: CourtListener parenthetical corpus (CC0).

Judges: Campbell, Bownes, Perezgimenez

Read full opinion on CourtListener

Sourced 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.