Legal Opinion
Johnson v. Meriter Health Services Employee Retirement Plan
Court of Appeals for the Seventh Circuit
Decided December 4, 2012No. 12-2216PublishedCited by 72 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The district court certified this ERISA suit as a class action, and we granted the petition of the defendants (the plan and its administrator, which we’ll refer to jointly as Meriter) to appeal the certification. Fed.R.Civ.P. 23(f). The original plaintiff in whose name the suit was filed was dismissed as a plaintiff on the ground that she was not an adequate class representative, Fed.R.Civ.P. 23(a)(4), because of defenses against her that are inapplicable to other members of the class. Yet remarkably, though she was dismissed before the petition to appeal was filed, the…
2Cases cited21 opinions
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- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Blackie v. BarrackCourt of Appeals for the Ninth Circuit · 1975
- Ellis v. Costco Wholesale Corp.Court of Appeals for the Ninth Circuit · 2011
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3Cited by72 opinions
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- Chicago Teachers Union, Local v. Board of Education of the CityCourt of Appeals for the Seventh Circuit · 2015
- Gregory Berry v. LexisNexis Risk and InformationCourt of Appeals for the Fourth Circuit · 2015
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