In re Johnson’s Empirical Analysis

Citation profile

2 federal appellate · 2 district ·

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) when a “questionable” class certification decision creates a “death-knell situation” for either party; (2) when the certification decision presents “an unsettled and fundamental issue of law relating to class actions ... that is likely to evade end-of-the-case review”; and (3) when the certification decision is manifestly erroneous.”

   3 later decisions quote this exact passage
   e.g. In re District of Columbia · Thorpe v. District of Columbia

2. “This is a difficult standard to meet; we have never before granted Rule 23(f) review on the basis of a manifest error and other circuits, too, have indicated there is a high bar for doing so. See, e.g., Chamberlan v. Ford Motor Co., 402 F.3d 952 , 962 (9th Cir.2005) (“It is difficult to show that a class certification order is manifestly erroneous unless the district court applies an incorrect Rule 23 standard or ignores a directly controlling case. Class certification decisions rarely "will involve legal errors, however, simply because class actions typically involve complex facts that are unlikely to be on all fours with existing precedent.”) (citations omitted).”

   2 later decisions quote this exact passage
   e.g. In re District of Columbia · 416 U.S. App. D.C. 435 - In Re: District of Columbia