Legal Opinion

Kleiner v. First National Bank

Court of Appeals for the Eleventh Circuit

Decided January 31, 1985No. 83-8794PublishedCited by 88 opinions

1Opinion of the Court

VANCE, Circuit Judge:

We consider whether the first amendment rationale of Bernard v. Gulf Oil Co.1 bars sanctions against a defendant and counsel for secretly soliciting exclusion requests from potential members of a Rule 23(b)(3) plaintiff class.

I. FACTS

This appeal is the closing phase of a ground-breaking class action against the First National Bank of Atlanta2 filed by Jackie Kleiner, an Atlanta lawyer and real estate investor. The lawsuit, sounding in fraud, RICO and breach of contract, charged the Bank with reneging on its promise to peg the interest it charged smaller customers to the…

2Cases cited63 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  5. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980

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

3Cited by88 opinions

  1. Jackie Kleiner v. The First National Bank of Atlanta, Hansell & Post, Richard Kirby and Richard M. Langway, George W. Morosani v. The First National Bank of Atlanta, Hansell & Post, Richard Kirby and Richard M. LangwayCourt of Appeals for the First Circuit · 1985
  2. Longcrier v. HL-A CO., INC.District Court, S.D. Alabama · 2009
  3. William Jones v. Waffle House, Inc.Court of Appeals for the Eleventh Circuit · 2017
  4. Ray Adduono, Charles L. Abrahams, (Non-Party) v. World Hockey AssociationCourt of Appeals for the Eighth Circuit · 1987
  5. Robinson v. TannerCourt of Appeals for the Eleventh Circuit · 1986

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

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