HERCEG ET AL.

v.

HUSTLER MAGAZINE, INC.

Citator

Cited By (27 total)

• McFADDEN v. Staley, 687 So. 2d 357 (Fla. 4th DCA 1997)
  …is typical of the claims of all class members. See Broin; Powell. The adequacy of class representation is a fact issue within the discretion of the trial court. Broin; Kirkpatrick v. J.C. Bradford & Co., 827 F. 2d 718 (11th Cir.1987), cert. denied, 485 U.S. 959, 108 S.Ct. 1221, 99 L.Ed.2d 421 (1988). A trial court’s determination as to the qualifications of plaintiffs to adequately represent a class will not be disturbed on appeal absent a showing of a clear abuse of discretion. Adiel v. Electronic Fin. Sy…
• Alomar v. Magna Props., Inc., 682 So. 2d 1199 (Fla. 4th DCA 1996)
  …ification on that basis. See Williams v. Dade County, 625 So. 2d 1254 (Fla. 3d DCA 1993), rev. denied, 639 So. 2d 984 (Fla.1994), and cases cited therein. See also Kirkpatrick v. J.C. Bradford & Co., 827 F. 2d 718, 728 (11th Cir.1987), cert. denied, 485 U.S. 959, 108 S.Ct. 1220, 1221, 99 L.Ed.2d 421 (1988) (observing that the adequacy of class representation is “primarily a factual issue”). We therefore affirm, but solely on the ground of inadequacy of these plaintiffs to represent the class. GUNTHER, C.J…
• Clark Davenport Snell v. Conley Tunnell, 920 F.2d 673 (10th Cir. 1990)
  …then-existing law and the circumstances confronting the public official. Garcia v. Miera, 817 F. 2d 650, 657 (10th Cir.1987) (relying on People of Three Mile Island v. Nuclear Regulatory Comm’rs, 747 F. 2d 139, 144-45 (3rd Cir.1984)), cert. denied, 485 U.S. 959, 108 S.Ct. 1220, 99 L.Ed.2d 421 (1988). “If the law at that time was not clearly established, an official could not reasonably be expected to anticipate subsequent legal developments, not could he fairly be said to “know” that the law forbade conduc…