9 F. Supp. 2d 163 - Weber v. Goodman’s Empirical Analysis
1998
Citation profile
6 district · 1 state decisions
How this case has been cited
Cited by 17 later decisions — most recently September 2015
6 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 1692 (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692A (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692E (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692J (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692K (Sherman Antitrust Act)
Relies on Amchem Products, Inc. v. Windsor · Eisen v. Carlisle & Jacquelin · General Telephone Co. of Southwest v. Falcon · Eisen v. Carlisle & Jacquelin · Clomon v. Jackson
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The policy at the very core of the class action mechanism is to overcome the problem that small recoveries do not provide the incentive for any individual to bring a solo action prosecuting his or her rights. A class action solves this problem by aggregating the relatively paltry potential re coveries into something worth someone’s (usually an attorney’s) labor. True, the FDCPA allows for individual recoveries of up to $1000. But this assumes that the plaintiff will be aware of her rights, willing to subject herself to all the burdens of suing and able to find an attorney willing to take her case. These are considerations that cannot be dismissed lightly in assessing whether a class action or a series of individual lawsuits would be more appropriate for pursuing the FDCPA’s objectives.”
2 later decisions quote this exact passage“Under Disciplinary Rule 5-103(b) of the New York State Lawyer’s Code of Professional Responsibility, lawyers may advance the costs of litigation to a client provided that the client remains “ultimately liable.” 22 N.Y.C.R.R. § 1200.22. New York’s Rule 5-103(b) is identical to the Disciplinary Rule 5-103(b) of the ABA’s Model Code of Professional Responsibility. In an attempt to update the ethics rales, the ABA developed the Model Rules including Rule 1.8(e) which permits a lawyer to advance costs even though the client is not ultimately liable for the sums if the lawsuit fails. However, this Court applies the New York State Lawyer’s Code of Professional Responsibility as it is interpreted by the courts of the circuit. See Local Civil Rule 1.5(b)(5).”
1 later decision quote this exact passage““The maximum potential award of statutory damages if this action were maintained as a class action is clearly relevant to the interests of members of the class in individually controlling the prosecution or defense of separate actions. In light of the uncertainties concerning the damages that could be awarded to absent class members if this action were to be maintained as a class action, the Court concludes that Bryant has failed to establish that a class action is the superior method for adjudicating claims regarding Bonded’s form letter.””
1 later decision quote this exact passage
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.