Beck v. Maximus, Inc.’s Empirical Analysis
457 F.3d 291 · 2006
Citation profile
13 federal appellate · 25 district · 3 state decisions
How this case has been cited
Cited by 106 later decisions — most recently August 2022 · most notably In re Hydrogen Peroxide Antitrust Litigation (2009), 40 Cal. 4th 1069 - Fireside Bank v. Superior Court (2007)
13 federal appellate · 25 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 1692B (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692K (Sherman Antitrust Act) · 28 U.S.C. § 1292 · 28 U.S.C. § 1331
Relies on Amchem Products, Inc. v. Windsor · General Telephone Co. of Southwest v. Falcon · Califano v. Yamasaki · General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation 94-1064 94-1194 94-1195 94-1198 94-1202 94-1203 94-1207 94-1208 94-1219 · Hanon v. Dataproducts Corp.
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 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“whether the named plaintiffs’ claims are typical, in common-sense terms, of the class, thus suggesting that the incentives of the plaintiffs are aligned with those of the class. Factual differences will not render a claim atypical if the claim arises from the same event or practice or course of conduct that gives rise to the claims of the class members, and if it is based on the same legal theory.”
5 later decisions quote this exact passage“Other courts of appeals emphasize, as do we, the challenge presented by a defense unique to a class representative-the representative’s interests might not be aligned with those of the class, and the representative might devote time and effort to the defense at the expense of issues that are common and controlling for the class. See, e.g., Gary Plastic Packaging, 903 F.2d at 180 (“[T]here is a danger that absent class members will suffer if their representative is preoccupied with defenses unique to it.”); see also Hanon v. Dataproducts Corp., 976 F.2d 497, 508 (9th Cir.1992); J.H. Cohn & Co., 628 F.2d at 999. A class representative should “not be permitted to impose such a disadvantage on the class.” Koos v. First Nat’l Bank of Peoria, 496 F.2d 1162, 1165 (7th Cir. 1974). (Emphasis in original.)”
2 later decisions quote this exact passage“A debt collector may not be hable in any action under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such error.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.