Klagues v. Maintenance Engineering’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. The class is so numerous or so constituted that joinder of all members, whether or not otherwise required or permitted, is impracticable; 2. There is a question of law or fact common to the class; 3. A class action should be permitted for the fair and efficient adjudication of the controversy; and 4. The representative parties fairly and adequately will protect the interests of the class.”

   2 later decisions quote this exact passage
   e.g. Howe v. Microsoft Corp. · Rose v. United Equitable Insurance Co.

2. “Although most class certification issues under this factor deal with cases involving limited funds, the plain language of the rule does not restrict it to those cases. Koch I, [Ritter, Laber and Assoc. v. Koch Oil, 2000 ND 15, ¶ 18 , 605 N.W.2d 153 ]. The trial court did not base its finding under this factor on [the defendant’s] lack of funds, but instead found individual actions could have a preclusive effect on recovering or defending claims. We noted in Koch I, the majority of courts have required that the effect of separate actions must be more than stare decisis. See id.; see also 5 Moore’s Federal Practice § 23.42[3][b] (noting the stare decisis effect is insufficient to warrant class certification under this factor). The intent of Rule 23 is not to create a right to a class action simply because an opinion in one action might be cited as precedent in another action. Herbert B. Newberg & Alba Conte, Newberg on Class Actions § 4.10 (3d ed.1992) (citing Goldman Theatres, Inc. v. Paramount Film Corp., 49 F.R.D. 35 (E.D.Pa.1969)). If this were considered the rule, then al most every action would be susceptible of being brought as a class action.”

   1 later decision quote this exact passage
   e.g. Baker v. Autos, Inc.

3. “There is no precise test governing the determination of whether common questions predominate over individual claims. Rather, a pragmatic assessment of the entire action and all of the issues is involved in making the determination. For common questions to predominate, it is not necessary the individual claims be carbon copies of each other. “Predominate” should not be automatically associated with “determinative” or “significant,” and consequently when one or more central issues to the action are common and can be said to predominate, the class action will be proper. Class certification is not to be refused merely because individual issues will remain even after disposition of common issues. The common issues need not dispose of the case, and the presence of individual issues is of no obstacle to proceeding as a class action.”

   1 later decision quote this exact passage
   e.g. Rose v. United Equitable Insurance Co.