Carrera v. Bayer Corp.’s Empirical Analysis
727 F.3d 300 · 2013
Citation profile
21 federal appellate · 18 district · 6 state decisions
Relationships
Applies 28 U.S.C. § 1292 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Amchem Products, Inc. v. Windsor · General Telephone Co. of Southwest v. Falcon · Hansberry v. Lee · Califano v. Yamasaki · Wal-Mart Stores, Inc. v. Dukes
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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Ascertainability mandates a rigorous approach at the outset because of the key roles it plays as part of a Rule 23(b)(3) class action lawsuit. First, at the commencement of a class action, ascertainability and a clear class definition allow potential class members to identify themselves for purposes of opting out of a class. Second, it ensures that a defendant’s rights are protected by the class action mechanism. Third, it ensures that the parties can identify class members in a manner consistent with the efficiencies of a class action.”
4 later decisions quote this exact passage · from the majority“incongruous with the efficiencies expected in a class action,” providing the best notice practicable under Rule 23(c)(2) in a Rule 23(b)(3) action, and protecting defendants by ensuring that those persons ultimately bound by the final judgment could be clearly identified. Id. at 593 . Our opinion in Catrera expanded on some of the concerns addressed in Marcus, specifically relating to a defendant’s”
3 later decisions quote this exact passage · from the majority“[a]lthough some evidence used to satisfy ascertainability, such as corporate records, will actually identify class members at the certification stage, ascertainability only requires the plaintiff to show that class members can be identified ... Accordingly, there is no records requirement.”
3 later decisions quote this exact passage · from the majority
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.