Legal Opinion

United Steel, Paper & Forestry, Rubber, Manufacturing Energy, Allied Industrial & Service Workers International Union v. ConocoPhillips Co.

Court of Appeals for the Ninth Circuit

Decided January 6, 2010No. 09-56578, 09-56579PublishedCited by 116 opinions

1Opinion of the Court

BYBEE, Circuit Judge:

These consolidated appeals raise two issues: first, whether the district court abused its discretion when it denied plaintiffs’ motion to certify a putative class out of concern that practical obstacles could potentially develop if plaintiffs’ legal theory were ultimately rejected; and second, whether the district court erred in remanding, in light of its certification decision, state law claims to state court for lack of subject matter jurisdiction. We hold that the district court abused its discretion when it assumed, for the purpose of Federal Rule of Civil Procedure…

2Cases cited12 opinions

  1. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  2. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  3. Staton v. Boeing Co.Court of Appeals for the Ninth Circuit · 2003
  4. Blackie v. BarrackCourt of Appeals for the Ninth Circuit · 1975
  5. Rodriguez v. West Publishing Corp.Court of Appeals for the Ninth Circuit · 2009

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3Cited by116 opinions

  1. Sullivan v. DB Investments, Inc.Court of Appeals for the Third Circuit · 2011
  2. Dukes v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2010
  3. Muhammed Abdullah v. U.S. Security Associates, Inc.Court of Appeals for the Ninth Circuit · 2013
  4. Geoffrey Moyle v. Liberty Mutual Retirement PlanCourt of Appeals for the Ninth Circuit · 2016
  5. Marlo v. United Parcel Service, Inc.Court of Appeals for the Ninth Circuit · 2011

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