Legal Opinion

McCabe v. Burgess

Illinois Supreme Court

Decided April 18, 1979No. 50676PublishedCited by 53 opinions

1Opinion of the CourtJustice Ryan

James McCabe brought this suit to enforce the holdings of our prior decisions of People v. McCabe (1971), 49 Ill. 2d 338, and People v. Meyerowitz (1975), 61 Ill. 2d 200, through a class action. (James McCabe is not the same person as the defendant in People v. McCabe.) The Champaign County circuit court dismissed the class action. The appellate court reversed. (57 Ill. App. 3d 450.) We granted leave to appeal. The primary issue presented for review is the validity of the trial court’s refusal to certify a class action.

James McCabe has alleged that he was convicted and paid a fine under the…

2Cases cited10 opinions

  1. Steinberg v. Chicago Medical SchoolIllinois Supreme Court · 1977
  2. The People v. McCabeIllinois Supreme Court · 1971
  3. Whitney v. MaddenIllinois Supreme Court · 1948
  4. Fed. Sec. L. Rep. P 96,263 Frank S. Yamamoto, Individually And, Derivatively, on Behalf of Investors Finance, Inc. v. Kazuo OmiyaCourt of Appeals for the Ninth Circuit · 1977
  5. James S. CAREY, Plaintiff-Appellee-Cross Appellant, v. GREYHOUND BUS CO., INC., Et Al., Defendants-Appellants-Cross AppelleesCourt of Appeals for the Fifth Circuit · 1974

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3Cited by53 opinions

  1. Avery v. State Farm Mutual Automobile InsuranceIllinois Supreme Court · 2005
  2. Miner v. Gillette Co.Illinois Supreme Court · 1981
  3. Wheatley v. Board of Education of Township High School District 205Illinois Supreme Court · 1984
  4. Tassan v. United Development Co.Appellate Court of Illinois · 1980
  5. Charles Hester Enterprises, Inc. v. Illinois Founders InsuranceAppellate Court of Illinois · 1985

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