16 Cited authorities

Wal-Mart Stores, Inc. v. Dukes
564 U.S. 338 (2011) Cited 6,616 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”
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”
People v. Peque
2013 N.Y. Slip Op. 7651 (N.Y. 2013) Cited 624 times
Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea
Allison v. Citgo Petroleum Corp.
151 F.3d 402 (5th Cir. 1998) Cited 694 times 9 Legal Analyses
Holding that certification under Rule 23(b) was not appropriate because "plaintiffs' claims for compensatory and punitive damages must therefore focus almost entirely on facts and issues specific to individuals rather than the class as a whole"
Helvering v. Hallock
309 U.S. 106 (1940) Cited 578 times
In Hallock we emphasized our removal of that support by declaring that § 811(c) "deals with property not technically passing at death but with interests theretofore created.
People v. Hobson
39 N.Y.2d 479 (N.Y. 1976) Cited 457 times
Finding constitutional prohibition against use of statements taken without notice to defense counsel, buttressing suppression and reversal with discussion of DR 7-104 violation
Policano v. Herbert
2006 N.Y. Slip Op. 8284 (N.Y. 2006) Cited 171 times 3 Legal Analyses
Holding that the governing law is the law at the time the petitioner's conviction became final
People v. Lopez
2011 N.Y. Slip Op. 1316 (N.Y. 2011) Cited 83 times 1 Legal Analyses
Holding that police officer who questioned defendant in custody about an unrelated matter was required to make a reasonable inquiry concerning the defendant's representational status before commencing interrogation, where the circumstances, such as fact that bail had been set, indicated that there was a probable likelihood that an attorney had entered the custodial matter, and the accused was actually represented on the custodial charge
People v. Taylor
2007 N.Y. Slip Op. 7911 (N.Y. 2007) Cited 80 times
Describing defendant's murder of five employees of fast-food restaurant in course of robbery
People v. Silva
2014 N.Y. Slip Op. 8215 (N.Y. 2014) Cited 63 times 1 Legal Analyses
In People v. Silva, 24 N.Y.3d 294, 998 N.Y.S.2d 154, 22 N.E.3d 1022 [2014] and People v. Hanson, 24 N.Y.3d 294, 998 N.Y.S.2d 154, 22 N.E.3d 1022 [2014], the Court of Appeals held that the trial courts committed mode of proceedings errors by failing to notify counsel of jury notes before the juries in each case reached their verdicts, even though the transcripts in both cases failed to establish whether the courts were aware that the notes had been submitted.
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 51,415 times 129 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 37,792 times 234 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,823 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"
Section 901 - Prerequisites to a class action
N.Y. CPLR 901 Cited 970 times 6 Legal Analyses
Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"

Michael Jiannaras, Plaintiff,v.Mike Alfant, et al., Appellants, et al., Defendant; Kathleen M. Ackerman, et al., Non-Party Respondents.

16 Cited authorities

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”

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”

Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea

Holding that certification under Rule 23(b) was not appropriate because "plaintiffs' claims for compensatory and punitive damages must therefore focus almost entirely on facts and issues specific to individuals rather than the class as a whole"

In Hallock we emphasized our removal of that support by declaring that § 811(c) "deals with property not technically passing at death but with interests theretofore created.

Finding constitutional prohibition against use of statements taken without notice to defense counsel, buttressing suppression and reversal with discussion of DR 7-104 violation

Holding that the governing law is the law at the time the petitioner's conviction became final

Describing defendant's murder of five employees of fast-food restaurant in course of robbery

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Granting equal rights to "make and enforce contracts" without regard to race

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"

Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"