Sanderson v. Winner’s Empirical Analysis

Citation profile

18 federal appellate · 6 district · 2 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendants considered it important to ascertain whether plaintiffs were able to pay all of the costs in the litigation including extensive depositions. We fail to see relevancy in these inquiries particularly with respect to in limine inquiry as to whether a class action is to be allowed. Ordinarily courts do not inquire into the financial responsibility of litigants. We generally eschew the question whether litigants are rich or poor. Instead, we address ourselves to the merits of the litigation. We recognize that the class action is unique and we see the necessity for the court to be satisfied that the plaintiff or plaintiffs can pay the costs, and we also agree fully with the Court’s ruling in Eisen that due process requires decent notice. But we do not read Eisen as creating a presumption against finding a class action. Nor does it approve oppressive discovery as a means of discouraging a private antitrust action which, if meritorious, advances an important interest of the government.”

   2 later decisions quote this exact passage · from the majority
   e.g. Kaplan v. Pomerantz · In re McDonnell Douglas Corp. Securities Litigation

2. ““We are aware that some lower court decisions have considered the plaintiff’s ability to pay as relevant and proper in the present context. (Ralston & P. D. Q., Inc., citations omitted) However, in both of these cases in which antitrust violations were alleged, the plaintiffs sought to represent a class of all new car purchasers in the United States. Thus, there was legitimate concern about the ability of the plaintiffs to successfully lead a class of this magnitude. . . . The mentioned considerations are not present here.” Sanderson, supra at 480 . (emphasis added)”

   2 later decisions quote this exact passage · from the majority
   e.g. Greene v. Emersons Ltd. · Rode v. Emery Air Freight Corp.

3. ““Nor do we see that the defendants have any legitimate concern as to whether plaintiffs will be able to pay their lawyers and will be able to pay a judgment for costs in the event that such a judgment is entered. In this respect we see no difference between the case at bar and any other lawsuit.” Id. at 480 .”

   1 later decision quote this exact passage · from the majority
   e.g. Greene v. Emersons Ltd.