Deposit Guaranty Nat. Bank v. Roper

In Deposit Guaranty Nat. Bank v. Roper (1980) 445 U.S. 326, the Supreme Court was concerned with a case in which the named plaintiffs sought to bring a class action against a bank for usurious finance charges made against their credit card accounts. After the motion for class certification was denied, the bank then tendered to the named plaintiffs the maximum amount they could have recovered--amounts less than $ 1,000 each. (Id. at pp. 329-330.) The named plaintiffs declined the offer, but the trial court entered judgment in their favor and dismissed the action. (Id. at p. 330.) The United States Supreme Court concluded that the plaintiffs could nonetheless pursue their appeal as long "as they retained an economic interest in class certification." (Id. at pp. 332-333.) The court concluded that they had such an interest in "their desire to shift part of the costs of litigation to those who will share in its benefits if the class is certified and ultimately prevails." (Id. at pp. 336, 338, fn. 9.)