Legal Opinion

Link v. Mercedes-Benz of North America, Inc.

Court of Appeals for the Third Circuit

Decided February 11, 1977No. 75-2195PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

Whether an antitrust action with potentially 300,000 claimants is manageable as a class action is the question directed to us in this § 1292(b) appeal. We decline to answer on the ground that the matter is one of fact subject to determination by district court. A second query asks whether there may be separate juries utilized during the liability *862and damage phases of a bifurcated trial. In the absence of a definitive order on that subject by the district court, the inquiry is essentially a request for an advisory opinion, which we may not honor.

Plaintiff…

2Cases cited12 opinions

  1. Reuben J. Katz, on Behalf of Himself and All Others Similarly Situated v. Carte Blanche CorporationCourt of Appeals for the Third Circuit · 1974
  2. Joseph B. KAUFFMAN Et Al. v. the DREYFUS FUND, INC., Et Al., Investors Diversified Services, Inc., Et Al., AppellantsCourt of Appeals for the Third Circuit · 1970
  3. Mitchell A. KRAMER and David C. Harrison v. SCIENTIFIC CONTROL CORP. Et Al. Appeal of ARTHUR ANDERSEN & CO.Court of Appeals for the Third Circuit · 1976
  4. Hackett v. General Host Corp.Supreme Court of the United States · 1972
  5. Kathleen Hackett, on Behalf of Herself and All Others Similarly Situated v. General Host CorporationCourt of Appeals for the Third Circuit · 1972

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3Cited by42 opinions

  1. Bogosian v. Gulf Oil Corp.Court of Appeals for the Third Circuit · 1977
  2. In Re Lower Lake Erie Iron Ore Antitrust Litigation (Mdl No. 587). (Nineteen Cases). Wills Trucking, Inc. Consolidated Dock and Storage, Inc. Toledo World Terminal, Inc. v. Baltimore & Ohio Railroad Company, Inc. Bessemer & Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Csx Corporation Consolidated Rail Corporation Norfolk & Western Railway Company, Inc. Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02010). Wills Trucking, Inc. And Toledo World Terminal, Inc., in 91-1526. Bessemer and Lake Erie Railroad Company, in 91-1586. Wills Trucking, Inc. Consolidated Dock and Storage, Inc. Toledo World Terminal, Inc. v. Baltimore & Ohio Railroad Company, Inc. Bessemer & Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Csx Corporation Consolidated Rail Corporation Norfolk & Western Railway Company, Inc. Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02010). Bessemer and Lake Erie Railroad Company, in 91-1587. C.D. Ambrosia Trucking Co., Inc. v. Chesapeake & Ohio Railway Company Baltimore and Ohio Railroad Company, Inc. Csx Corporation, Inc. Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation the Penn Central Corporation, Inc. (d.c. Civil No. 84-02012). Bessemer and Lake Erie Railroad Company, in 91-1588. Republic Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Consolidated Rail Corporation Bessemer & Lake Erie Railroad Company Norfolk & Western Railway Company and the Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02079). Bessemer and Lake Erie Railroad Company, in 91-1589. National Steel Corporation v. Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (Civil No. 84-02134). Bessemer and Lake Erie Railroad Company, in 91-1590. Jones & Laughlin Steel Incorporated v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02135). Bessemer and Lake Erie Railroad Company, in 91-1591. Wheeling-Pittsburgh Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02138). Bessemer and Lake Erie Railroad Company, in 91-1592. Tauro Brothers Trucking Co. v. Baltimore and Ohio Railroad Company, Inc. Bessemer and Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Consolidated Rail Corporation and Norfolk and Western Railway Company, Inc. v. Pittsburgh & Lake Erie Railroad Co. (d.c. Civil No. 84-02781). Bessemer and Lake Erie Railroad Company, in 91-1593. Sharon Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Consolidated Rail Corporation (d.c. Civil No. 84-05562). Bessemer and Lake Erie Railroad Company, in 91-1594. Erie Western Pennsylvania Port Authority and Codan Corporation v. Chesapeake & Ohio Railway Company, Inc. Baltimore and Ohio Railroad Company, Inc. Csx Corporation Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation, Inc. And the Penn Central Corporation, Inc. (d.c. Civil No. 84-05760). Bessemer and Lake Erie Railroad Company, in 91-1595. C.D. Ambrosia Trucking Co., Inc. v. Chesapeake & Ohio Railway Company Baltimore and Ohio Railroad Company, Inc. Csx Corporation, Inc. Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation the Penn Central Corporation, Inc. (d.c. Civil No. 84-02012). C.D. Ambrosia Trucking Company ("Ambrosia"), in 91-1627. Republic Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Consolidated Rail Corporation Bessemer & Lake Erie Railroad Company Norfolk & Western Railway Company and the Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02079). Republic Steel Corporation in 91-1628. National Steel Corporation v. Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02134). National Steel Corporation, in 91-1629. Jones & Laughlin Steel Incorporated v. The Penn Central Corporation, the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02135). Jones & Laughlin Steel Incorporated, in 91-1630. Wheeling-Pittsburgh Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02138). Wheeling-Pittsburgh Steel Corporation, in 91-1631. Tauro Brothers Trucking Co. v. Baltimore and Ohio Railroad Company, Inc. Bessemer and Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Consolidated Rail Corporation and Norfolk and Western Railway Company, Inc. v. Pittsburgh & Lake Erie Railroad Co. (d.c. Civil No. 84-02781). Tauro Brothers Trucking Company, in 91-1632. Sharon Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Consolidated Rail Corporation (d.c. Civil No. 84-05562). Sharon Steel Corporation, in No. 91-1633. Erie Western Pennsylvania Port Authority and Codan Corporation v. Chesapeake & Ohio Railway Company, Inc. Baltimore and Ohio Railroad Company, Inc. Csx Corporation, Inc. Norfolk & Western Railway Company, Inc. Consolidated Rail Corporation, Inc. And the Penn Central Corporation, Inc. (d.c. Civil No. 84-05760). Erie-Western Pennsylvania Port Authority and Codan Corporation ("Erie"), in 91-1634Court of Appeals for the Third Circuit · 1993
  3. In re Facebook, Inc., IPO Securities & Derivative LitigationDistrict Court, S.D. New York · 2014
  4. Shelter Realty Corp. v. Allied Maintenance Corp.Court of Appeals for the Second Circuit · 1978
  5. In Re Dennis Greenman Securities LitigationCourt of Appeals for the Eleventh Circuit · 1987

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