· 4/7/2009
Vega v. T-MOBILE USA, INC.
Citations
- 564 F.3d 1256
- 28 I.E.R. Cas. (BNA) 1824
- 47 Communications Reg. (P&F) 767
- 2009 U.S. App. LEXIS 7682
- 2009 WL 910411
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that to prove the existence of a contract, a plaintiff must plead, among other things, “sufficient specification of the essential terms.”
- holding that, where the trial court’s entire rule 23 analysis consisted of one conclusory sentence, “[t]he district court's omission of an independent and substantial, let alone rigorous, analysis of Rule 23(b)(3
- holding that CAFA jurisdiction survived denial of class certification
- writing that a lead plaintiff “bears the burden of making some showing” that the class is too numerous for individual claims (emphasis in original)
- explaining that “conflat[ing] the commonality determination with a review for predominance pursuant to Rule 23(b)(3)” is “a clear misreading of Rule 23” and ground for reversal
- finding that, while a plaintiff “need not show the precise number of members in the class,” the plaintiff must “bear[ ] burden of making showing . . . that the class actually certified meets the numerosity requirement.” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Marcus, Vinson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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