· 1/20/1999
Terrell Walters and Joseph Ganci, on Behalf of Themselves and All Others Similarly Situated v. James Edgar
Citations
- 163 F.3d 430
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where the named plaintiffs “never had standing to bring this suit,” federal jurisdiction “never attached,” and because no class had been certified, the court lacked power to substitute new plaintiffs and was required to dismiss
- noting that “the proper course” when an event occurring after certification disqualifies the named plaintiff is substitution
- urging “scrupulous adherence to the requirement that the determination whether to certify a suit as a class action be made ‘as soon as practicable after the commencement of the action.’ Fed. R. Civ. P. 23(C)(1).”
- noting that “federal jurisdiction never attached”
- “[I]f the named plaintiffs lacked standing when they filed the suit, there were no other party plaintiffs to step into the breach created by the named plaintiffs’ lack of standing; and so there was no case when class certification was sought.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Flaum, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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