· 10/14/2008
Teamsters Local 445 Freight Division Pension Fund v. Bombardier Inc.
Citations
- 546 F.3d 196
- 2008 U.S. App. LEXIS 21498
- 2008 WL 4554156
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 failure to qualify for reliance presumption “typically renders trial unmanageable, precluding a finding that common issues predominate”
- holding that it is the plaintiff’s burden to prove predominance by a preponderance of the evidence
- holding that it is the plaintiff’s burden to prove predominance by a preponderance of the evidence
- noting that courts must “assure that a class certification motion does not become a pretext for a partial trial of the merits” (internal quotation mark omitted)
- cautioning that “class certification motion [should] not become a pretext for a partial trial of the merits”
- recognizing that district courts may consider “affidavits, documents, or testimony”
Source: CourtListener parenthetical corpus (CC0).
Judges: Parker, Livingston, Hall
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.