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Vanderbilt Law Review

Article Title

Recent Cases

First Page

911

Abstract

Civil Procedure--Class Actions--Order Dismissing Class Action that Leaves Plaintiff To Litigate a Small Monetary Claim Is Not a Final Appealable Order Under 28 U.S.C. § 1291

Plaintiff consumer, claiming to represent one and one-half million purchasers of defendants" products, filed a class action under section 4 of the Clayton Act, seeking treble damages, costs, and attorney's fees from defendants for alleged antitrust violations. Defendants successfully moved for a stay of proceedings pending the district court's determination of whether the case could be maintained as a class action.The court found the class unmanageable and, in accordance with Rule 23(c)(1) of the Federal Rules of Civil Procedure, issued an order denying confirmation of the class action.

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Evidence-Impeachment-Admission of Prior Conviction To Impeach Defendant-Witness Violates Constitutional Right to Due Process

Defendant was tried in a Hawaii state court for first degree murder. During the trial, defendant chose to testify in his own defense. In order to impeach defendant's credibility as a witness, the prosecutor introduced the record of defendant's previous felony conviction., The evidence was admitted for impeachment purposes pursuant to a state statute providing that evidence of prior convictions of a defendant-witness may be introduced in criminal cases to attack the credibility of the accused's testimony.

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