15 Cited authorities

Oshana v. Coca-Cola Co.
472 F.3d 506 (7th Cir. 2006) Cited 830 times 7 Legal Analyses
Holding that the typicality requirement was not satisfied where the plaintiff's proposed class "include[d] people who knew fountain Diet Coke contained saccharin and bought it anyway" when the plaintiff "claim[ed] she was deceived and injured"
Keele v. Wexler
149 F.3d 589 (7th Cir. 1998) Cited 668 times 1 Legal Analyses
Holding plaintiff had Article III standing where defendant tried to collect an illegal collection fee, even if plaintiff did not pay the fee
Randall v. Rolls-Royce Corp.
637 F.3d 818 (7th Cir. 2011) Cited 94 times 3 Legal Analyses
Finding that a potential class representative in a sex discrimination case could not represent the class when she participated in decisions that, under her own theory of the case, were discriminatory
Kline v. Wolf
702 F.2d 400 (2d Cir. 1983) Cited 127 times
Finding a named plaintiff inadequate when he fabricated a report critical to his claim
Mckenzie v. City of Chicago
118 F.3d 552 (7th Cir. 1997) Cited 43 times
Holding that notification of an agent in lieu of the principal comported with due process
Ramirez v. Palisades Collection LLC
250 F.R.D. 366 (N.D. Ill. 2008) Cited 20 times
Holding that identifiability had been achieved in a FDCPA action, where class membership depended upon whether written contracts had been attached to the debt collector's complaints against consumers
Kaplan v. Pomerantz
132 F.R.D. 504 (N.D. Ill. 1990) Cited 37 times
Holding that case could not continue as a class action where name plaintiff had given false deposition testimony and class counsel had "encouraged plaintiff's false testimony," leading court to conclude that adequacy of representation requirement was not satisfied
Darvin v. International Harvester Co.
610 F. Supp. 255 (S.D.N.Y. 1985) Cited 38 times
Finding representative inadequate where plaintiff had limited or nonexistent personal knowledge of the facts of the case
Wooley v. Jackson Hewitt Inc.
07 C 2201 (N.D. Ill. Apr. 25, 2011) Cited 5 times
Holding that because there was "ample evidence that both [proposed class representatives] were sophisticated, willing, and at least equal participants in the [tax] misconduct" at issue, they were subject to an "eminently colorable" in pari delicto defense, "which is all that Defendants need[ed] to show to defeat adequacy under Rule 23"
Mitchem v. Illinois Collection Service, Inc.
No. 09 C 7274 (N.D. Ill. Jul. 29, 2010)
No. 09 C 7274. July 29, 2010 MEMORANDUM OPINION AND ORDER RONALD GUZMAN, District Judge Plaintiff James Mitchem, individually and on behalf of those similarly situated, has sued defendant Illinois Collection Service, Inc. ("ICS") for its alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"). Defendant has filed a Federal Rule of Civil Procedure ("Rule") 12(b)(1) motion to dismiss the suit for lack of subject matter jurisdiction. Plaintiff has filed a Rule 23 motion
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,629 times 145 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,573 times 1241 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,547 times 131 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Pesce v. First Credit Services, Inc.

15 Cited authorities

Holding that the typicality requirement was not satisfied where the plaintiff's proposed class "include[d] people who knew fountain Diet Coke contained saccharin and bought it anyway" when the plaintiff "claim[ed] she was deceived and injured"

Holding plaintiff had Article III standing where defendant tried to collect an illegal collection fee, even if plaintiff did not pay the fee

Finding that a potential class representative in a sex discrimination case could not represent the class when she participated in decisions that, under her own theory of the case, were discriminatory

Finding a named plaintiff inadequate when he fabricated a report critical to his claim

Holding that notification of an agent in lieu of the principal comported with due process

Holding that identifiability had been achieved in a FDCPA action, where class membership depended upon whether written contracts had been attached to the debt collector's complaints against consumers

Holding that case could not continue as a class action where name plaintiff had given false deposition testimony and class counsel had "encouraged plaintiff's false testimony," leading court to conclude that adequacy of representation requirement was not satisfied

Finding representative inadequate where plaintiff had limited or nonexistent personal knowledge of the facts of the case

Holding an "unrepresented party" to the same standard as an attorney

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"