Legal Opinion
State Ex Rel. Union Planters Bank, N.A. v. Kendrick
Supreme Court of Missouri
Decided August 24, 2004No. SC 85473PublishedCited by 23 opinions
1Opinion of the Court
WILLIAM RAY PRICE, JR., Judge.
Relators seek a writ of prohibition ordering Respondent to de-certify the class in the underlying matter. Relators allege that class counsel cannot adequately represent the members of the class because class counsel accepted funds from potential defendants to finance the lawsuit only against other parties, with an “implicit understanding” that class counsel would not sue them. Additionally, two of the class representatives are or have ties to these potential defendants.
A preliminary writ of prohibition was granted, which is now made absolute as modified.
*732I.…
2Cases cited32 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Califano v. YamasakiSupreme Court of the United States · 1979
- Fed. Sec. L. Rep. P 96,173 Michael Susman v. Lincoln American Corp., Ann Flamm and Arnold Flamm v. Rudolph Eberstadt, Jr. And Microdot, Inc.Court of Appeals for the Seventh Circuit · 1977
- Scott Culver v. City of Milwaukee, and United States of America, Defendant-Intervenor-AppelleeCourt of Appeals for the Seventh Circuit · 2002
27 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State Ex Rel. Henley v. BickelSupreme Court of Missouri · 2009
- Craft v. Philip Morris Companies, Inc.Missouri Court of Appeals · 2005
- Hope v. Nissan North America, Inc.Missouri Court of Appeals · 2011
- State Ex Rel. Coca-Cola Co. v. NixonSupreme Court of Missouri · 2008
- Meyer Ex Rel. Coplin v. Fluor Corp.Supreme Court of Missouri · 2007
18 more not listed; retrieve them via the Exa API.