§Why CasetextPricing

Anthony Andrade v. American Apparel, Inc. et al

MEMORANDUM in Support of MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 21

12 Cited authorities

  1. Staton v. Boeing Co.

    327 F.3d 938 (9th Cir. 2003)   Cited 1,924 times   6 Legal Analyses
    Holding that "named plaintiffs ... are eligible for reasonable incentive payments" in addition to reimbursement "for their substantiated litigation expenses, and identifiable services rendered to the class directly under the supervision of class counsel"

  2. Hanon v. Dataproducts Corp.

    976 F.2d 497 (9th Cir. 1992)   Cited 1,613 times   1 Legal Analyses
    Holding that the defendants' statements emphasizing superior quality were material because "a reasonable jury could conclude that [the company] publicly released optimistic statements ... when it knew [its product] could not be built reliably"

  3. In re Cavanaugh

    306 F.3d 726 (9th Cir. 2002)   Cited 347 times
    Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff

  4. Cohen v. U.S. Dist. Court

    586 F.3d 703 (9th Cir. 2009)   Cited 136 times   1 Legal Analyses
    Holding that "if the lead plaintiff has made a reasonable choice of counsel, the district court should generally defer to that choice"

  5. In re Enron Corp. Securities

    586 F. Supp. 2d 732 (S.D. Tex. 2008)   Cited 102 times   1 Legal Analyses
    Holding that the Fifth Circuit does not recognize scheme liability in omissions cases under Rule 10b–5 absent a recognized duty to disclose

  6. In re Cooper Companies Inc. Securities Litigation

    254 F.R.D. 628 (C.D. Cal. 2009)   Cited 68 times
    Finding the numerosity requirement met where the defendant had more than 36 million shares of stock outstanding during the class period

  7. Takeda v. Turbodyne Technologies, Inc.

    67 F. Supp. 2d 1129 (C.D. Cal. 1999)   Cited 49 times
    Finding slightly different class periods do not preclude a finding of typicality because varying class periods may be harmonized

  8. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,300 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  9. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,896 times   1234 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"

  10. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,234 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

  11. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,460 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  12. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,255 times   85 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act