Legal Opinion
In the Matter of American Reserve Corporation, Debtor. Appeal of Clear and Doris Elaine Huddleston
Court of Appeals for the Seventh Circuit
Decided February 18, 1988No. 87-1768PublishedCited by 135 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
This interlocutory appeal under 28 U.S.C. § 1292(b) presents the question whether a person may file a proof of claim as representative of others similarly situated in a bankruptcy case. The bankruptcy judge answered yes, the district judge no. 71 B.R. 32 (N.D.Ill.1987). We conclude that class actions may exist within as well as outside bankruptcy, and so reverse the district court’s order.
Clear and Doris Elaine Huddleston filed a class action in 1979 in state court contending that Reserve Insurance Co. had defrauded its policyholders by issuing policies between 1977…
2Cases cited18 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Sosna v. IowaSupreme Court of the United States · 1975
- United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
- Califano v. YamasakiSupreme Court of the United States · 1979
13 more not listed; retrieve them via the Exa API.
3Cited by135 opinions
- In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
- Ralph M. Cox, on Behalf of Himself and Others Similarly Situated v. Zale Delaware, Inc.Court of Appeals for the Seventh Circuit · 2001
- In Re Joint Eastern and Southern District Asbestos Litigation. In Re Johns-Manville Corporation, Debtor. Bernadine K. Findley, as of the Estate of Hillard Findley, Putative Class Members Owens-Corning Fiberglass Corporation v. Donald M. Blinken, Manville Personal Injury Settlement Trust, in Re Bernadine K. Findley, as of the Estate of Hillard Findley, and Donald M. Blinken, Bernadine K. Findley, as of the Estate of Hillard Findley, and Donald M. Blinken v. Leslie Gordon Fagen, as Legal Representative of FutureCourt of Appeals for the Second Circuit · 1992
- Laura Anne Aiello v. Providian Financial Corp.Court of Appeals for the Seventh Circuit · 2001
- Patrick T. Reid v. White Motor Corporation John T. Grigsby, Jr., Disposition Assets Trustee for White Motor CorporationCourt of Appeals for the Sixth Circuit · 1989
130 more not listed; retrieve them via the Exa API.