· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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