William ALPERN and Russell D. Miller, on Behalf of Themselves and All Others Similarly Situated, Appellants, v. UTILICORP UNITED, INC., Appellee

How courts have described this case

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

• litigants are deemed to have exercised due diligence if they “present[] a justifiable excuse for not submitting the evidence prior to the summary judgment ruling”
• “Although the rule usually applies to errors by the court or clerk, it may also be used to correct mistakes by the parties.”’
• to show “due diligence,” the movant must offer a “justifiable excuse” for not discovering the material in a timely manner
• \A class representative must be part of the class and possess the same interest and suffer the same injury as the class members.\

Source: CourtListener parenthetical corpus (CC0).