45 Cited authorities

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

    564 U.S. 338 (2011)   Cited 6,613 times   504 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 6,933 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. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 2,988 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
  4. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,662 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. Erica P. John Fund, Inc. v. Halliburton Co.

    563 U.S. 804 (2011)   Cited 745 times   54 Legal Analyses
    Holding that a plaintiff need not prove loss causation in order to obtain class certification
  6. Phillips Petroleum Co. v. Shutts

    472 U.S. 797 (1985)   Cited 1,781 times   19 Legal Analyses
    Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
  7. Ellis v. Costco Wholesale Corp.

    657 F.3d 970 (9th Cir. 2011)   Cited 1,113 times   17 Legal Analyses
    Holding that plaintiffs' commonality must connect to their claim for class relief
  8. U.S. v. Dunkel

    927 F.2d 955 (7th Cir. 1991)   Cited 2,212 times   5 Legal Analyses
    Holding that "Judges are not like pigs, hunting for truffles buried in" the record
  9. In re Hydrogen Peroxide Antitrust Litig.

    552 F.3d 305 (3d Cir. 2008)   Cited 906 times   36 Legal Analyses
    Holding that plaintiffs must make more than a mere " threshold showing," they must establish facts " by the preponderance of the evidence"
  10. Marcus v. BMW of N. Am., LLC

    687 F.3d 583 (3d Cir. 2012)   Cited 654 times   60 Legal Analyses
    Holding that the party seeking class certification must demonstrate the putative class's conformance with Rule 23
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,815 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. Section 95-25.2 - Definitions

    N.C. Gen. Stat. § 95-25.2   Cited 62 times
    Defining "wages" to includes commissions
  13. Section 95-25.8 - Withholding of wages

    N.C. Gen. Stat. § 95-25.8   Cited 31 times
    Providing that employees may authorize wage deductions for their convenience
  14. Section 436.1 - Definitions

    16 C.F.R. § 436.1   Cited 126 times   11 Legal Analyses
    Defining "franchise"
  15. Section 12 .0103 - FEDERAL LAW AS GUIDE

    13 N.C. Admin. Code 12.0103   Cited 11 times
    Establishing as persuasive authority to be given "great weight" FLSA interpretations and rulings "[w]here the legislature has adopted the language or terminology of the [FLSA] for the purpose of facilitating and simplifying compliance by employers with both the federal and state labor laws"
  16. Section 12 .0305 - AUTHORIZATION FOR WITHHOLDING OF WAGES

    13 N.C. Admin. Code 12.0305   Cited 2 times

    (a) When an authorization is required by the Act, the monetary limitations and time requirements specified in G.S. 95-25.8 of the Wage and Hour Act apply and shall not be waived. (b) Deductions for the convenience of the employee, as that term is used in G.S. 95-25.8, include savings plans, credit union installments, savings bonds, union or club dues, uniform rental or cleaning not required by the employer, parking and charitable contributions. (c) A "reasonable opportunity to withdraw," as that