Legal Opinion

Eisen v. Carlisle & Jacquelin

Court of Appeals for the Second Circuit

Decided May 1, 1973No. Nos. 341, 381, Dockets 72-1521, 30934PublishedCited by 177 opinions

1Opinion of the Court

MEDINA, Circuit Judge:

Sufficient factual background for an understanding of the rulings we are about to make in this extraordinary “class action” is to be found in our first opinion Eisen v. Carlisle & Jacquelin, 2 Cir., 391 F.2d 555 (1968), often referred to as Eisen II. On that appeal we remanded the case to the District Court for reconsideration and for findings on specific issues and we retained jurisdiction.1 While entertaining grave doubts on the questions of notice and manageability, we thought the original rejection of the case as a class action had been too summary, that improper…

2Cases cited50 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
  4. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  5. J. I. Case Co. v. BorakSupreme Court of the United States · 1964

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3Cited by177 opinions

  1. Oppenheimer Fund, Inc. v. SandersSupreme Court of the United States · 1978
  2. Boeing Co. v. Van GemertSupreme Court of the United States · 1980
  3. Blackie v. BarrackCourt of Appeals for the Ninth Circuit · 1975
  4. In Re Visa Check/mastermoney Antitrust Litigation. Wal-Mart Stores, Inc., Limited, Inc., Sears Roebuck & Company, Safeway Inc., Circuit City Stores, Inc., National Retail Federation and the Food Marketing Institute, International Mass Retail Association, and All Similarly Situated Persons v. Visa U.S.A. Inc. And Mastercard International IncorporatedCourt of Appeals for the Second Circuit · 2001
  5. Six (6) Mexican Workers v. Arizona Citrus Growers Bodine Produce Company, Inc. Robert Fletcher, D/B/A Fletcher FarmsCourt of Appeals for the Ninth Circuit · 1990

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