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.