superiority requirement (Missouri) · Go Syfert
← Missouri issues

superiority requirement in Missouri

6 Missouri opinions name it 2 courts 2006–2021 2 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Dale v. DaimlerChrysler Corp.green
moctapp · 2006 · cited in 3 Missouri opinions naming this issue, 2008–2021
2 sentences

2021Yet “[t]he primary focus of the superiority analysis is the efficiency of the class action over other available methods of adjudication.” Dale v. DaimlerChrysler Corp., 204 S.W.3d 151, 182 (Mo. App. 2006).

2015“The superiority requirement requires the trial court to balance, in terms of fairness and efficiency, the merits of a class action in resolving the controversy against those of alternative available methods of adjudication.” Dale, 204 S.W.3d at 181 (internal quotation omitted).

33
David M. Elsea and Jeanne Morgan, Individually and as Class Representatives v. U.S. Engineering company, a corporation, and Jackson County, Missourigreen
moctapp · 2015 · cited in 2 Missouri opinions naming this issue, 2019–2021
2 sentences

2021Class actions which aggregate small claims that could not otherwise be brought are exactly the type of claims that satisfy the superiority requirement. 463 S.W.3d at 423 (internal citations and punctuation omitted).

2019In balancing the relative merits of class action versus alternative methods of adjudicating the controversy, courts should consider the inability of the poor or uninformed to enforce their rights, and the improbability that large numbers of class members would possess the initiative to litigate individually. 463 S.W.3d 409, 423 (Mo. App. W.D. 2015) (citations omitted) (internal quotation marks omitted).

22
Hope v. Nissan North America, Inc.green
moctapp · 2011 · cited in 1 Missouri opinions naming this issue, 2015–2015
1 sentence

2015Accordingly, the circuit court abused its discretion in finding that the superiority requirement was not met. *425 Class Defínition — Definiteness and Membership While Rule 52.08 does not explicitly demand a proper class definition, “such a requirement clearly underlies each of the mandatory elements for certification.” Hope, 353 S.W.3d at 77 (internal quotation omitted).

11
Citgo Refining & Marketing, Inc. v. Garzagreen
texapp · 2006 · cited in 1 Missouri opinions naming this issue, 2006–2006
1 sentence

2006Citgo Refining & Mkt, Inc. v. Garza, 187 S.W.3d 45, 70 (Tex.Ct.

11
cluster 718203green
ca3 · 1996 · cited in 1 Missouri opinions naming this issue, 2006–2006
1 sentence

2006Georgine v. Amchem Prods., Inc., 83 F.3d 610, 632 (3rd Cir.1996).

11
Eovaldi v. First National Bankgreen
ilnd · 1972 · cited in 1 Missouri opinions naming this issue, 2006–2006
1 sentence

2006Eovaldi v. First Nat’l Bank of Chicago, 57 F.R.D. 545, 547 (N.D.Ill.1972).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Hale v. Wal-Mart Stores, Inc. green
moctapp · 2007
1 sentence

2015“Class actions which aggregate small claims that could not otherwise be brought are exactly the type of claims that satisfy the superiority requirement.” Hale, 231 S.W.3d at 229 (citing Deposit Guar.

12015–2015
Deposit Guaranty National Bank v. Roper green
scotus · 1980
2 sentences

2015Nat’l Bank v. Roper, 445 U.S. 326, 339 , 100 S.Ct. 1166 , 63 L.Ed.2d 427 (1980)).

2015Nat’l Bank v. Roper, 445 U.S. 326, 339 , 100 S.Ct. 1166 , 63 L.Ed.2d 427 (1980)).

12015–2015

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 512.020 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AR 21 (2002–2024) OH 17 (1998–2022) NJ 9 (2003–2021) TX 8 (1972–2019) MO 6 (2006–2021) CA 6 (1988–2024) NY 6 (1980–2023) AL 5 (1922–2007) FL 4 (2011–2018) WA 3 (2003–2018) GA 3 (2007–2026) NM 2 (2007–2013) AZ 2 (1968–2002) WV 2 (2010–2010) MI 2 (2024–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check