Civil Procedure - Class Actions - Summary Judgment - Nebraska Supreme Court Authorizes Summary Judgment for Disposition of Class Action Suit
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Authors
Scott, W. Warren
Issue Date
1977
Volume
10
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|The stated purpose of a class action suit is to permit one or more persons to sue or defend for the benefit of all "[w]hen the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court .... The practice of allowing class suits has its basis in the desire to avoid multiple law suits by permitting others, who are not formal or actual parties to the proceeding, to have their rights adjudicated by a common judgment. Two prerequisites to the filing of a class action are, first, a common community of interest among a definable class, and second, an absence of potential conflict between the representative party and the class he seeks to represent. While most courts scrutinize whether a sufficient community interest exists among a definable class, courts rarely deal with the potentiality of conflict between the class representative and the class. In the recent Nebraska Supreme Court decision of Blankenship v. Omaha Public Power District, " [Blankenship], the court had the opportunity to confront this problem of antagonism in class actions, and to provide for a unique method for disposing of class actions once that conflict of interest has been found...
Description
Citation
10 Creighton L. Rev. 11 (1976-1977)
Publisher
Creighton University School of Law