Holding that the PSLRA is clear that "the power to `select and retain' lead counsel belongs . . . to the lead plaintiff, and the court's role is confined to deciding whether to `approve' that choice" and that should the court disagree with the lead plaintiffs choice "it should clearly state why . . . and should direct the lead plaintiff to undertake an acceptable selection process"
Holding that Shutts did not require opt-out rights in a Rule 23(b)(B) class action because the plaintiffs had already submitted to the district court's jurisdiction by filing bankruptcy claims against the defendant
No. 90-1092. January 25, 1993, October TERM, 1992. Dismissal Under Rule 46 C.A. 3d Cir. Certiorari dismissed under this Court's Rule 46. Reported below: 916 F. 2d 85.
Holding that the "experience of a candidate" is "relevant to reaching a determination as to whether a candidate will be capable of adequately protecting the interests of the class"
Fed. R. Civ. P. 6 Cited 50,240 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Fed. R. Civ. P. 23 Cited 35,615 times 1241 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"