Legal Opinion

Twigg v. Sears, Roebuck & Co.

Court of Appeals for the Eleventh Circuit

Decided September 4, 1998No. 96-3749, 98-2259PublishedCited by 29 opinions

1Opinion of the Court

COX, Circuit Judge:

Kevin Twigg appeals the district court’s grant of summary judgment in favor of Sears, Roebuck & Company on the ground that Twigg’s claims were precluded by a judgment in an earlier class action against Sears. We reverse and remand.

I. FACTS AND PROCEDURAL HISTORY

A. Twigg’s Suit

Twigg filed a complaint in the Middle District of Florida that asserts claims arising out of his purchase of four new tires from a Sears automotive center in Sarasota, Florida on September 26,1991. The complaint alleges that Twigg had Sears install the new tires on his car and purchased, on Sears’s…

2Cases cited11 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  3. Schroeder v. City of New YorkSupreme Court of the United States · 1962
  4. Pedro Gonzales v. Clifton W. Cassidy, Jr., John Richard Hayes, Iii, Plaintiffs-Intervenors-AppellantsCourt of Appeals for the Fifth Circuit · 1973
  5. In Re Nissan Motor Corporation Antitrust LitigationCourt of Appeals for the Fifth Circuit · 1977

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

3Cited by29 opinions

  1. Wal-Mart Stores, Inc. v. Visa U.S.A. Inc.Court of Appeals for the Second Circuit · 2005
  2. Zuzanna Juris v. Inamed CorporationCourt of Appeals for the Eleventh Circuit · 2012
  3. Tennille v. Western Union (Nelson)Court of Appeals for the Tenth Circuit · 2015
  4. Adams v. Southern Farm Bureau Life InsuranceCourt of Appeals for the Eleventh Circuit · 2007
  5. Mendez v. Radec Corp.District Court, W.D. New York · 2009

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

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