87 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,036 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  2. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,675 times   505 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”
  3. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,983 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
  4. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,248 times   232 Legal Analyses
    Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"
  5. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,693 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
  6. Tyson Foods, Inc. v. Bouaphakeo

    577 U.S. 442 (2016)   Cited 1,195 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
  7. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,111 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules
  8. Ortiz v. Fibreboard Corp.

    527 U.S. 815 (1999)   Cited 932 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"
  9. Myers v. Hertz Corp.

    624 F.3d 537 (2d Cir. 2010)   Cited 1,223 times   7 Legal Analyses
    Holding that district courts have the discretion to certify a collective action by facilitating notice to potential plaintiffs of the "pendency of the action and of their opportunity to opt-in as represented plaintiffs"
  10. Zinser v. Accufix Research Inst., Inc.

    253 F.3d 1180 (9th Cir. 2001)   Cited 1,222 times   10 Legal Analyses
    Holding that a putative class did not meet the requirements of Rule 23(b) before discussing the elements of Rule 23.
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,111 times   1237 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 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 5,754 times   26 Legal Analyses
    Requiring lay opinion testimony to be "rationally based on the witness's perception"
  13. Section 2072 - Rules of procedure and evidence; power to prescribe

    28 U.S.C. § 2072   Cited 1,812 times   37 Legal Analyses
    Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
  14. Section 512 - Assault and battery; false imprisonment; slander and libel; injuries to person or property

    Vt. Stat. tit. 12 § 512   Cited 119 times   1 Legal Analyses
    Establishing that an action for slander and libel “shall be commenced within three years after the cause of action accrues, and not after”
  15. Section 1410 - Groundwater; right of action

    Vt. Stat. tit. 10 § 1410   Cited 6 times

    (a) Findings and policy. The General Assembly hereby finds and declares that: (1) surface and subsurface water are inherently interrelated in both quality and quantity; (2) groundwater hydrology is a science that allows groundwater quality and quantity to be mapped and forecast; (3) groundwater is a mobile resource that is necessarily shared among all users; (4) all persons have a right to the beneficial use and enjoyment of groundwater free from unreasonable interference by other persons; and (5)