Sunday, November 24, 2013

Green v. Occidental Petroleum Corp. case brief

Green v. Occidental Petroleum Corp. case brief summary
541 F.2d 1335 (1976)


CASE SYNOPSIS
Defendants sought review of order by United States District Court for the Central District of California certifying plaintiffs' suit as a class action in an action involving violation of federal securities laws. Defendant also sought a writ of mandamus directing the court to deny certification, under Fed. R. Civ. P. 23(b)(1) and (b)(3).

CASE FACTS
Plaintiffs' lawsuit against defendants alleging violations of federal securities laws was certified by the district court as a class action under Fed. R. Civ. P. 23(b)(1) and (b)(3). Defendants appealed the certification under both rules and sought a writ of mandamus with respect to the district court's refusal to certify the ruling on class certification for appeal under 28 U.S.C.S. §1292(b).

DISCUSSION

  • The appellate court held that 
  • (1) appeal of class certification under 28 U.S.C.S. §1292(b) was incorrect because there was no concurrence between the courts regarding propriety of appeal, 
  • (2) class certification under Fed. R. Civ. P. 23(b)(1) was improper since plaintiffs' action for damages did not show a risk of inconsistent or varying adjudications, and 
  • (3) class certification under Fed. R. Civ. P. 23(b)(3) was not subject to attack through writ of mandamus because the lower court correctly decided requirements under the rule were met.

CONCLUSION
The court dismissed defendant's appeal and denied a writ of mandamus with respect to the district court's refusal to certify the question an on class certification. However, the court granted a writ on certification.

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