Legal Opinion

Nguyen Da Yen v. Kissinger

District Court, N.D. California

Decided March 12, 1976No. C-75-0839-SWPublishedCited by 34 opinions

1Opinion of the Court

MEMORANDUM ORDER

SPENCER WILLIAMS, District Judge.

This court ordered sua sponte that a hearing be held pursuant to Rule 23(c)(1) of the Federal Rules of Civil Procedure to determine whether this case may properly be maintained as a class action. The parties briefed the issue and appeared and argued the class action aspects of this case. For the reasons stated below, the court finds that this action cannot be maintained as a class action.

In addition to the class action issue, the parties have briefed, and have submitted to the court, the question of the court’s jurisdiction to entertain the…

2Cases cited67 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. Bell v. HoodSupreme Court of the United States · 1946
  4. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  5. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974

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

3Cited by34 opinions

  1. Dukes v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2010
  2. In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationDistrict Court, S.D. New York · 2002
  3. Schwartz v. Upper Deck Co.District Court, S.D. California · 1999
  4. State Ex Rel. Doe v. MadonnaSupreme Court of Minnesota · 1980
  5. In re Folding Carton Antitrust LitigationDistrict Court, N.D. Illinois · 1979

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

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