Legal Opinion
Schwarzschild v. Tse
Court of Appeals for the Ninth Circuit
Decided June 22, 1995No. 93-16681PublishedCited by 61 opinions
1Opinion of the Court
Opinion by Judge REINHARDT; Dissent by Judge NOONAN.
REINHARDT, Circuit Judge:
We consider here a narrow question of procedure involving notices in class action cases. We must decide whether a defendant who has succeeded in obtaining summary judgment may subsequently compel the named plaintiff to give the class the Rule 23(c)(2) notice that is ordinarily given shortly after class certification, or whether by obtaining judgment before the notice is given the defendant has waived any right to have notice sent to the purported class members.
I
Richard T. Sehwarzschild [plaintiff] sued Bernard K.…
2Cases cited11 opinions
- Garcia Jay Wright v. George Collins, Warden, Maryland Penitentiary Dr. Berry Officer Larry DonnellCourt of Appeals for the Fourth Circuit · 1985
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Reuben J. Katz, on Behalf of Himself and All Others Similarly Situated v. Carte Blanche CorporationCourt of Appeals for the Third Circuit · 1974
- Marvin Jones, on His Own Behalf and on Behalf of Those Similarly Situated v. Fred R. DiamondCourt of Appeals for the Fifth Circuit · 1981
- Joseph R. Bolker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Cheryl Cohen, on Behalf of Herself and Others Similarly Situated v. Office Depot, Inc., a Florida CorporationCourt of Appeals for the Eleventh Circuit · 2000
- London v. Wal-Mart Stores, Inc.Court of Appeals for the Eleventh Circuit · 2003
- Riordan v. State Farm Mutual Automobile InsuranceCourt of Appeals for the Ninth Circuit · 2009
- Cohen v. Office Depot, Inc.Court of Appeals for the Eleventh Circuit · 1999
- Louisiana Municipal Police Employees' Retirement System v. PyottCourt of Chancery of Delaware · 2012
56 more not listed; retrieve them via the Exa API.