14 Cited authorities

Caisse Nationale de Credit Agricole v. CBI Indus., Inc.
90 F.3d 1264 (7th Cir. 1996) Cited 1,263 times
Holding that motions for reconsideration do not provide an opportunity to litigate previously rejected arguments
Keele v. Wexler
149 F.3d 589 (7th Cir. 1998) Cited 664 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
CE Design, Ltd. v. Prism Business Media, Inc.
606 F.3d 443 (7th Cir. 2010) Cited 110 times 2 Legal Analyses
Holding that 2008 FCC ruling had force of law
Randall v. Rolls-Royce Corp.
637 F.3d 818 (7th Cir. 2011) Cited 93 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
Hinman v. M M Rental Center, Inc.
545 F. Supp. 2d 802 (N.D. Ill. 2008) Cited 84 times
Finding commonality in TCPA case
J. H. Cohn Co. v. Am. Appraisal Assoc., Inc.
628 F.2d 994 (7th Cir. 1980) Cited 168 times
Holding that the "presence of even an arguable defense peculiar to the named plaintiff or a small subset of the plaintiff class" may make the named plaintiff an inadequate representative of the class
Koos v. First National Bank of Peoria
496 F.2d 1162 (7th Cir. 1974) Cited 163 times 1 Legal Analyses
Holding that when "a major focus of the litigation will be on an arguable defense unique to the named plaintiff . . . then the named plaintiff is not a proper class representative."
Grant v. Capital Mgmt. Servs. L.P.
No. 11-56200 (9th Cir. Sep. 2, 2011) Cited 50 times
Allowing defendant to submit declaration by an employee based on its own business records to establish amount in controversy
Donnelly v. NCO Financial Systems, Inc.
263 F.R.D. 500 (N.D. Ill. 2009) Cited 12 times
Ordering the defendant in a TCPA class action to produce "class-wide documents and information relating to its prior express consent defense" prior to the resolution of the plaintiffs' class certification motion
Sengenberger v. Credit Control Services, Inc.
No. 09 C 2796 (N.D. Ill. May. 5, 2010) Cited 10 times
No. 09 C 2796. May 5, 2010 MEMORANDUM OPINION AND ORDER JAMES ZAGEL, District Judge Plaintiff filed his forty-count complaint alleging violations of the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act. The parties reached a settlement on counts one through seventeen, and those counts were dismissed on July 23, 2009. Counts eighteen through forty are made pursuant to the Telephone Consumer Protection Act ("TCPA"). Counts eighteen through twenty-six allege that Defendant
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,896 times 1234 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"
Section 2342 - Jurisdiction of court of appeals
28 U.S.C. § 2342 Cited 1,070 times 25 Legal Analyses
Granting courts of appeals jurisdiction to review "final orders of the Federal Communications Commission"

Pesce v. First Credit Services, Inc.

14 Cited authorities

Holding that motions for reconsideration do not provide an opportunity to litigate previously rejected arguments

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

Holding that 2008 FCC ruling had force of law

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 commonality in TCPA case

Holding that the "presence of even an arguable defense peculiar to the named plaintiff or a small subset of the plaintiff class" may make the named plaintiff an inadequate representative of the class

Holding that when "a major focus of the litigation will be on an arguable defense unique to the named plaintiff . . . then the named plaintiff is not a proper class representative."

Allowing defendant to submit declaration by an employee based on its own business records to establish amount in controversy

Ordering the defendant in a TCPA class action to produce "class-wide documents and information relating to its prior express consent defense" prior to the resolution of the plaintiffs' class certification motion

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"

Granting courts of appeals jurisdiction to review "final orders of the Federal Communications Commission"