72 Cited authorities

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

    564 U.S. 338 (2011)   Cited 4,926 times   474 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. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 614 times   3 Legal Analyses
    Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
  3. Gaidon v. the Guardian Life Insurance Co. of America

    94 N.Y.2d 330 (N.Y. 1999)   Cited 475 times
    Holding that vanishing premium sales practices, as pled, "fall within the purview" of the state deceptive business practices statute but do "not constitute a `misrepresentation or material omission' necessary to sustain a cause of action for fraud"
  4. Surowitz v. Hilton Hotels Corp.

    383 U.S. 363 (1966)   Cited 363 times
    Holding that where, in an oral examination by respondents' counsel, petitioner, an immigrant with practically no formal education and limitcd knowledge of the English language, showed that she did not understand the complaint, Fed.R.Civ.P. 23(b) did not justify dismissal of petitioner's case merely because petitioner was uneducated about the nature of the lawsuit
  5. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 289 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J-51 benefits (13 NY3d at 285-287).
  6. Thoreson v. Penthouse Intl

    80 N.Y.2d 490 (N.Y. 1992)   Cited 398 times
    Relying on expressio unius, statutory language, and legislative history to foreclose expansion of listed damages remedies
  7. Iglesias-Mendoza v. La Belle Farm, Inc.

    239 F.R.D. 363 (S.D.N.Y. 2007)   Cited 244 times   1 Legal Analyses
    Holding that plaintiffs had met the modest showing required under the FLSA where they alleged that "to the best of their knowledge, and on the basis of their observations, their experience was shared by members of the proposed class"
  8. Sperry v. Crompton Corp.

    2007 N.Y. Slip Op. 1425 (N.Y. 2007)   Cited 221 times   1 Legal Analyses
    Holding that "the connection between the purchaser of tires and the producers of chemicals used in the rubbermaking process is simply too attenuated to support" the purchaser's claim of unjust enrichment
  9. City of New York v. Maul

    2010 N.Y. Slip Op. 3797 (N.Y. 2010)   Cited 152 times
    Finding that class certification was not an abuse of discretion, in lawsuit initiated by City of New York against Commissioner of State agency
  10. Ackerman v. Price Waterhouse

    252 A.D.2d 179 (N.Y. App. Div. 1998)   Cited 197 times
    Holding that members of the global class did not meet their burden of “establishing that the relevant choice of law principles w[ould] not ultimately require application of widely divergent laws of multiple jurisdictions”
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 27,040 times   1017 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 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 4,590 times   468 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
  13. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 3,633 times   52 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
  14. Section 198 - Costs, remedies

    N.Y. Lab. Law § 198   Cited 713 times   1 Legal Analyses
    Permitting liquidated damages "unless the employer proves a good faith basis for believing that its underpayment of wages was in compliance with the law"
  15. Section 340 - Contracts or agreements for monopoly or in restraint of trade illegal and void

    N.Y. Gen. Bus. Law § 340   Cited 519 times   1 Legal Analyses
    Declaring as illegal and void contracts, agreements, arrangements, or combinations for monopoly or in restraint of trade
  16. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review