context: Under such circumstances, even though economic harm is not an element of the Florida common law claim for restitution, it may be required for superiority under the Federal Rules of Civil Procedure. This is especially likely when, as in the present suit, the defendants' potential liability would be enormous and completely out of proportion to any harm suffered by the plaintiff.
citation_a.signal: see
citation_a.identifier: 54 F.R.D. 412, 416
citation_a.parenthetical: finding class certification lacked superiority where violation was technical and aggregation of statutory damages under TILA would be financially devastating for defendant
citation_a.sentence: See Kline v. Coldwell, Banker & Co., 508 F.2d 226, 234-35 (9th Cir.1974) (noting that class treatment lacks superiority when damages "shock the conscience”); Wilcox v. Commerce Bank of Kansas City, 474 F.2d 336, 341-47 (10th Cir.1973) (holding district court did not abuse discretion when it denied class certification for TILA violations case where class members were not harmed and aggregate of statutory damages would be extremely large); In re Trans Union Corp. Privacy Litig., 211 F.R.D. 328, 350-51 (N.D.Ill.2002) (finding class action lacked superiority in part because of due process concerns where statutory damages would be "grossly disproportionate” to any actual damage suffered by plaintiffs); Ratner v. Chemical Bank New York Trust Co., 54 F.R.D. 412, 416 (S.D.N.Y.1972) (finding class certification lacked superiority where violation was technical and aggregation of statutory damages under TILA would be financially devastating for defendant).
citation_b.signal: but see
citation_b.identifier: 202 F.R.D. 310, 318
citation_b.parenthetical: certifying class on facts almost identical to the present suit
citation_b.sentence: But see Fabricant v. Sears Roebuck, 202 F.R.D. 310, 318 (S.D.Fla.2001) (certifying class on facts almost identical to the present suit).