United States Fifth Circuit

Where it appears that virtually every issue prior to damages is a common one, individual determinations of appropriate damages do not mandate a finding that common interests do not predominate. Feasibility of individual actions does not undercut the conclusion that the class device is superior if individual actions are not also desirable.

Appellate Information

• Decided 02/13/2001
• Published 02/13/2001

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• William Randell Wilder (argued), Roland P. Wilder, Jr., Baptiste & Wilder, Washington, DC, for Independent Ass'n of Continental Pilots., Jon A. Geier (argued), Paul, Hastings, Janofsky & Walker, Washington, DC, for Continental Airlines.


• For Appellees:
  
• J. Richard Hammett, Laurence Eliot Stuart (argued), Charlene Hsi-Lin Tsang, Baker & McKenzie, Houston, TX, for Plaintiffs-Appellees.