La Mar v. H & B Novelty & Loan Co.
United States Court of Appeals for the Ninth Circuit
489 F.2d 461 (1973)
- Written by Mary Phelan D'Isa, JD
Facts
Separate class actions with similar issues were consolidated for appeal. La Mar (plaintiff), in the first suit, brought a class action against all licensed pawn brokers in Oregon on behalf of all customers of those pawn brokers. Notwithstanding the fact that La Mar only had dealings with one Oregon pawn broker, the court nevertheless certified the class action on behalf of all those who did business with that pawn broker as well as on behalf of those who did business with all other defendant pawn brokers. Thereafter, the claims by La Mar and others who did not ask to be excluded against the only pawn broker La Mar dealt with were settled. The court’s propriety of certifying the class action vis-à-vis the pawn brokers La Mar had no dealings with was appealed. In the second action, Kinsling (plaintiff) sought class-action certification on behalf of all fellow plane travelers who had been overcharged from eight carriers even though Kinsling’s individual claim was only against two of those eight carriers. The court dismissed the class action against the six carriers that Kinsling had no dealings with and suffered no injury from. That dismissal was appealed.
Rule of Law
Issue
Holding and Reasoning (Sneed, J.)
What to do next…
Here's why 824,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 989 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
