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Sacerdote et al v. New York University

MEMORANDUM OF LAW in Support re: 120 MOTION to Certify Class . . Document

55 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,893 times   508 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  2. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 7,116 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

  3. Amgen Inc. v. Conn. Ret. Plans & Tr. Funds

    568 U.S. 455 (2013)   Cited 1,905 times   100 Legal Analyses
    Holding that certain merits questions “should not be resolved in deciding whether to certify a proposed class,” but are “properly addressed at trial or in a ruling on a summary-judgment motion”

  4. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,777 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23

  5. Tyson Foods, Inc. v. Bouaphakeo

    577 U.S. 442 (2016)   Cited 1,271 times   80 Legal Analyses
    Holding "persuasiveness is, in general, a matter for the jury" and not grounds for denying class certification unless "no reasonable juror could have believed" plaintiffs' evidence of an essential element of their claim

  6. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,134 times   14 Legal Analyses
    Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"

  7. Ortiz v. Fibreboard Corp.

    527 U.S. 815 (1999)   Cited 943 times   18 Legal Analyses
    Holding that "a fairness hearing under Rule 23(e) is no substitute for rigorous adherence to those provisions of the Rule designed to protect absentees"

  8. Denney v. Deutsche Bank AG

    443 F.3d 253 (2d Cir. 2006)   Cited 618 times   9 Legal Analyses
    Holding "no class may be certified that contains members lacking Article III standing"

  9. Baffa v. Donaldson, Lufkin & Jenrette Secs. Corp.

    222 F.3d 52 (2d Cir. 2000)   Cited 709 times   2 Legal Analyses
    Holding that "class certification is inappropriate where a putative class representative is subject to unique defenses which threaten to become the focus of the litigation"

  10. Robidoux v. Celani

    987 F.2d 931 (2d Cir. 1993)   Cited 905 times   2 Legal Analyses
    Holding that recipients of public assistance challenging delays by the Vermont Department of Social Welfare could proceed under the "inherently transitory" exception in part because "the Department will almost always be able to process a delayed application before a plaintiff can obtain relief through litigation"

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,986 times   1252 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. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,704 times   174 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,205 times   60 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

  14. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,925 times   73 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  15. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,540 times   10 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

  16. Section 1102 - Establishment of plan

    29 U.S.C. § 1102   Cited 1,646 times   12 Legal Analyses
    Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”

  17. Section 1103 - Establishment of trust

    29 U.S.C. § 1103   Cited 897 times   9 Legal Analyses
    Providing that “all assets of an employee benefit plan shall be held in trust by one or more trustees”

  18. Section 403 - Taxation of employee annuities

    26 U.S.C. § 403   Cited 337 times   21 Legal Analyses
    Authorizing "educational organization" to create these tax-sheltered "annuity" plans