United States Eighth Circuit
Telco Group, Inc. v. Ameritrade, Inc., 08-1621
Dismissal of a claim for failure to prosecute is affirmed where: 1) plaintiff did not challenge this dismissal on the merits; 2) because plaintiff's claims have been dismissed with prejudice, reversing the denial of class certification would afford plaintiff no relief; and 3) as its claims have been dismissed, plaintiff is no longer a member of and therefore cannot represent the putative but uncertified class.
Appellate Information
- Decided 01/26/2009
- Published 01/26/2009
Judges
- PER CURIAM., Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Max Folkenflik, Margaret A. McGerity, Joseph A. Ruta, New York, NY, for appellant.
- For Appellees:
- Robert J. Kriss, Joshua D. Yount, Chicago, IL, for appellees.