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Louisiana Sheriffs' Pension and Relief Fund, et al. v. Merrill Lynch & Co.

MEMORANDUM OF LAW in Support re: 8 MOTION to Appoint James Conn to serve as lead plaintiff

16 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,073 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,542 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  3. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,181 times   79 Legal Analyses
    Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

  4. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,383 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  5. Johnson v. Celotex Corp.

    899 F.2d 1281 (2d Cir. 1990)   Cited 550 times   1 Legal Analyses
    Finding that "courts have taken the view that considerations of judicial economy favor consolidation"

  6. In re Brooklyn Navy Yard Asbestos Litigation

    971 F.2d 831 (2d Cir. 1992)   Cited 208 times
    Holding that joint participation pursuant to an agreement — express or implied — to commit a tort is necessary to impose liability on those acting in concert

  7. In re eSpeed, Inc. Securities Litigation

    232 F.R.D. 95 (S.D.N.Y. 2005)   Cited 129 times
    Holding that "a group of unrelated investors should not be considered as lead plaintiff when that group would displace the institutional investor preferred by the PSLRA"

  8. Wachtel v. Guardian Life Ins. Co.

    453 F.3d 179 (3d Cir. 2006)   Cited 125 times   4 Legal Analyses
    Holding that a Rule 23(c)(B) certification order must include two elements: " a readily discernible, clear, and precise statement of the parameters defining the class or classes to be certified, and a readily discernible, clear, and complete list of the claims, issues or defenses to be treated on a class basis"

  9. In re Initial Public

    483 F.3d 70 (2d Cir. 2006)   Cited 104 times   2 Legal Analyses
    Denying petition for rehearing

  10. In re Repetitive Stress Injury Litigation

    11 F.3d 368 (2d Cir. 1993)   Cited 92 times
    Holding that " consolidation order is concededly not a final judgment."

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,802 times   1232 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"

  12. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,197 times   23 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,437 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  14. Section 77z-1 - Private securities litigation

    15 U.S.C. § 77z-1   Cited 454 times   14 Legal Analyses
    Discussing "[t]otal attorneys' fees and expenses" that can be awarded by court