Legal Opinion

Brooks v. Norwest Corp.

New Mexico Court of Appeals

Decided July 23, 2004No. 23,423PublishedCited by 30 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} Plaintiffs appeal the district court’s decision denying class certification under Rule 1-023 NMRA 2004. The appeal raises several issues, including the legal standards for determining whether a class definition is legally sufficient and the standards under which the predominance and superiority criteria of Rule 1-023(B)(3) are tested with regard to manageability. We also review the decision for substantial evidence. We affirm the district court.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

{2} Plaintiffs sued Defendants (Norwest) on behalf of themselves and others who…

2Cases cited44 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
  5. Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996

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3Cited by30 opinions

  1. Mulford v. Altria Group, Inc.District Court, D. New Mexico · 2007
  2. Ferrell v. Allstate InsuranceNew Mexico Supreme Court · 2008
  3. Starko, Inc. v. PRESBYTERIAN HEALTH PLANNew Mexico Court of Appeals · 2011
  4. Davis v. Devon Energy Corp.New Mexico Supreme Court · 2009
  5. State v. MontoyaNew Mexico Court of Appeals · 2005

25 more not listed; retrieve them via the Exa API.

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