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← 795 F.3d 654 - Mullins v. Direct Digital, LLC

Mullins v. Direct Digital, LLC’s Empirical Analysis

795 F.3d 654 · 2015

Citation profile

56
cited by 56 later decisions
5
states following
December 2025
most recently cited

13 federal appellate · 4 district · 6 state decisions

Relationships

Relies on Mathews v. Eldridge · Mullane v. Central Hanover Bank & Trust Co. · Amchem Products, Inc. v. Windsor · Eisen v. Carlisle & Jacquelin · Phillips Petroleum Co. v. Shutts

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

  1. “'weak' " construction of ascertainability, the court explained, derives from "experience [that] has led courts to require that classes be defined clearly and based on objective criteria.”
    3 later decisions quote this exact passage · from the majority
  2. “'best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort' " - language connoting that individual notice need not be given to members who cannot be so identified. ( Mullins , at p. 665 .) 10 Nor, in the court's view, did principles of due process invariably require individual notice to absent class members. Instead, in cases such as the one before it, "When class members' names and addresses are known or knowable with reasonable effort, notice can be accomplished by first-class mail. [Citation.] When that is not possible, courts may use alternative means such as notice through third parties, paid advertising, and/or posting in places frequented by class members, all without offending due process.”
    2 later decisions quote this exact passage · from the concurrence
  3. “A fail-safe class is impermissible because a class member either wins or, by virtue of losing, is defined out of the class and is therefore not bound by the judgment.”
    2 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.