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Kremens Vs. Bartley
Cites for this judgment
- US Supreme Court
- May 16, 1977
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U.S. 119 (1977) U.S. Supreme Court Kremens v. BartleySearch
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U.S. 119 (1977) Kremens v. BartleySearch
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require dismissal of the claims of the unnamed members of the class, Sosna v. IowaSearch
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Franks v. BowmanSearch
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the class. The propriety of the class certification is thus a matter of gravest doubt. Cf. Indianapolis School Comm'rs v. JacobsSearch
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Ashwander v. TVASearch
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claims from mootness. There must be a live case or controversy before this Court, Page 431 U. S. 129 Sosna v. IowaSearch
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U. S. 393 , 419 U. S. 402 (1975), and we apply the law as it is now, not as it stood below. Fusari v. SteinbergSearch
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require that we vacate the judgment of the District Court with instructions to dismiss their complaint. United States v. MunsingwearSearch
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require dismissal of the action. Sosna, supra at 419 U. S. 399 - 401. See also Franks v. BowmanSearch
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may succeed to the adversary position of a named representative whose claim becomes moot. Indianapolis School Comm'rs v. JacobsSearch
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is dubious, and the initial shortcomings in the certification have multiplied. See Indianapolis School Comm'rs v. JacobsSearch
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on the other, these disputes are so unfocused as to make informed resolution of them almost impossible. Cf. Fusari v. SteinbergSearch
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parties earnestly seek a decision on the merits. As Mr. Justice Brandeis stated in his famous concurrence in Ashwander v. TVASearch
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Liverpool, Page 431 U. S. 137 N.Y. & P. S.S. Co. v. EmigrationSearch
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and, pushed to its logical conclusions, would do away with the standing requirement of Art. III. See, e.g., Bailey v. PattersonSearch
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Schlesinger v. ReservistsSearch
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considerations, we have long heeded such discretionary coused in constitutional litigation. See Ashwander v. TVASearch
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requirement of Art. III, cf. O'Shea v. LittletonSearch
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the claims of the named class members are moot. After several pages in which the Court parses decisions like Sosna v. IowaSearch
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U. S. 393 (1975), and Franks v. BowmanSearch
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ante at 431 U. S. 134 , citing Fusari v. SteinbergSearch
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ante at 431 U. S. 133 , are without meaning. This Court's power to remand cases as in Fusari v. SteinbergSearch
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ordered in one or two short paragraphs without such fanfare or gratuitous discussion. See, e.g., Philadelphia v. NewSearch
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Cook v. HudsonSearch
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creating an obstacle course of confusing standardless rules to be fathomed by courts and litigants, see, e.g., Warth v. SeldinSearch
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Franks v. BowmanSearch
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the suit. For, again, in the posture of this case, this is purely a matter of form. Franks, Sosna, and Gerstein v. PughSearch
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Page 431 U. S. 143 Baker v. CarrSearch
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Craig v. BorenSearch
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U.S. Supreme Court Kremens v. BartleySearch
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Cf. Indianapolis School Comm'rs v. JacobsSearch
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Ashwander v. TVASearch
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United States v. MunsingwearSearch
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Indianapolis School Comm'rs v. JacobsSearch
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See Indianapolis School Comm'rs v. JacobsSearch
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Cf. Fusari v. SteinbergSearch
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N.Y. & P. S.S. Co. v. EmigrationSearch
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and Franks v. BowmanSearch
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Philadelphia v. NewSearch
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Franks, Sosna, and Gerstein v. PughSearch
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