Opinion

McDonnell Douglas Corp. v. United States District Court

  • 523 F.2d 1083
  • 20 Fed. R. Serv. 2d 11
  • 1975 U.S. App. LEXIS 14531
Court
Court of Appeals for the Ninth Circuit
Filed
May 27, 1975
Status
Published
Author
Chamberswrightkennedy
On the bench
Chambers, Consideration, Disposition, Ely, Hufstedler, Kennedy, Schnacke, Suggestion, Wallace, Wright
Cited by
26 cases

mere possibility of inconsistent results and inconsistent resolution of same question of law does not establish incompatible standards of conduct under 23(b)(1)(A); nor does complexity and expense of litigation justify a 23(b)(1)(B) class

How later courts described this case

  • mere possibility of inconsistent results and inconsistent resolution of same question of law does not establish incompatible standards of conduct under 23(b)(1)(A); nor does complexity and expense of litigation justify a 23(b)(1)(B) class

Written by the judges who cited it.

The opinion

CHAMBERS, WRIGHT and KENNEDY, Circuit Judges,

dissenting from the refusal to rehear en banc.

We cannot say the decision in this case is contrary to prior decisions of this Court.

But the issue is of tremendous importance to the surviving dependents of the victims of air crashes, and the result is one that hurts them. We think we should take it en banc.

It will be interesting to have figures in the months to come on how the decision slows down speedy dispositions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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