Case Citator › In re Visa Check/MasterMoney Antitrust Litigation

In re Visa Check/MasterMoney Antitrust Litigation

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Second Circuit
Citation
280 F.3d 124
Decided
Confirmed treatments
2
Flagged citations read
72 of 72
Citing cases (total)
458
Treatment dates
2006–2016
Overruled in part
A reviewed court has overruled part of this case’s holding. In re Visa Check/MasterMoney Antitrust Litigation was overruled in part: all 72 flagged citing opinions were examined, and 2 confirmed treatments are listed below. The Second Circuit disavowed its lenient standard for expert evidence offered to establish a Rule 23 requirement, while a district court questioned its guidance on ascertainability.
More on how this was screened

One retrieved opinion did not mention Visa Check, so it furnished no treatment.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

458 later cases cite In re Visa Check/MasterMoney Antitrust Litigation; 72 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on In re Visa Check/MasterMoney Antitrust Litigation?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Second Circuit disavowed Visa Check's suggestion that an expert opinion can establish a Rule 23 element merely because it is not fatally flawed; the district judge must assess the evidence and decide whether the element is met.

    Miles v. Merrill Lynch & Co. · Second Circuit · filed

    we also disavow the suggestion in Visa Check that an expert’s testimony may establish a component of a Rule 23 requirement simply by being not fatally flawed. A district judge is to assess all of the relevant evidence admitted at the class certification stage and determine whether each Rule 23 requirement has been met, just as the judge would resolve a dispute about any other threshold prerequisite for continuing a lawsuit.
    Read the full opinion on CourtListener →

Questioned

  • The district court questioned whether Visa Check's caution against denying certification on ascertainability grounds alone remained good law after a later Second Circuit decision.

    Hughes v. Ester C Co., NBTY · E.D.N.Y. · filed

    There is authority in the Second Circuit suggesting that courts should hesitate before denying a class certification motion on ascer-tainability grounds alone. See In re Visa Check/MasterMoney Antitrust Litig., 280 F.3d 124, 140 (2d Cir. 2001). The Second Circuit's more recent decision in Brecher, however, calls into question whether this is still good law
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads In re Visa Check/MasterMoney Antitrust Litigation and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace