Eubank v. Pella Corp.’s Empirical Analysis
753 F.3d 718 · 2014
Citation profile
14 federal appellate · 1 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1712 (§ 3 of the Class Action Fairness Act of 2005)
Relies on Amchem Products, Inc. v. Windsor · Devlin v. Scardelletti · 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 · Weinberger v. Great Northern Nekoosa Corp. · Findley v. Blinken
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To begin with, it was improper for the lead class counsel to be the son-in-law of the lead class representative. Class representatives are, as we noted earlier, fiduciaries of the class members, and fiduciaries are not allowed to have conflicts of interest without the informed consent of their beneficiaries, which was not sought in this case. Only a tiny number of class members would have known about the family relationship between the lead class representative and the lead class counsel—a relationship that created a grave conflict of interest; for the larger the fee award to class counsel, the better off [the lead class representative’s] daughter and son-in-law would be financially—and (which sharpened the conflict of interest) by a lot.”
1 later decision quote this exact passage · from the majority“[t]he class action is an ingenious procedural innovation that enables persons who have suffered a wrongful injury, but are too numerous for joinder of their claims alleging the same wrong committed by the same defendant or defendants to be feasible, to obtain relief as a group....”
1 later decision quote this exact passage · from the majority“almost every danger sign in a class action settlement that our court and other courts have warned district judges to be on the lookout for was present.”
1 later decision 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.