84 Cited authorities

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

    564 U.S. 338 (2011)   Cited 6,611 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 6,931 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. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,217 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"
  4. In re Prudential Insurance Company

    148 F.3d 283 (3d Cir. 1998)   Cited 1,362 times   8 Legal Analyses
    Holding the district court acted well within its discretion in denying an objector's request for discovery where the objector was able to present his arguments to the court during the fairness hearing and where the court found the objector "had ample opportunity to avail himself of the substantial discovery provided to Lead Counsel but failed to do so, and that additional discovery was unnecessary because [the objector] focused primarily on legal issues"
  5. Siegel v. Shell Oil Co.

    612 F.3d 932 (7th Cir. 2010)   Cited 803 times
    Holding that individualized inquiries regarding “why a particular plaintiff purchased a particular brand of [the product]” were necessary to establish harm to each class member under the ICFA and, thus, common issues could not predominate
  6. Vega v. T-Mobile USA, Inc.

    564 F.3d 1256 (11th Cir. 2009)   Cited 788 times   24 Legal Analyses
    Holding that to prove the existence of a contract, a plaintiff must plead, among other things, "sufficient specification of the essential terms."
  7. Marcus v. BMW of N. Am., LLC

    687 F.3d 583 (3d Cir. 2012)   Cited 652 times   60 Legal Analyses
    Holding that the party seeking class certification must demonstrate the putative class's conformance with Rule 23
  8. Castano v. the Am. Tobacco Co.

    84 F.3d 734 (5th Cir. 1996)   Cited 1,009 times   29 Legal Analyses
    Holding that the district court had not engaged in a rigorous analysis of predominance—that is, whether a Rule 23(b) class type was appropriate
  9. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 694 times   7 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"
  10. Klay v. Humana, Inc.

    382 F.3d 1241 (11th Cir. 2004)   Cited 553 times   5 Legal Analyses
    Holding that where there were variations in state laws precluding a single class of doctors alleging breaches of contract by health maintenance organizations that systematically underpaid physicians for their services, subclasses could be certified covering class members applying the same legal standards
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,808 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 17.50 - Relief for Consumers

    Tex. Bus. & Com. Code § 17.50   Cited 1,456 times   5 Legal Analyses
    Recognizing that a deceptive trade practice claim may consist of a breach of an implied warranty
  13. Section 56:8-2 - Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful practice

    N.J. Stat. § 56:8-2   Cited 1,241 times   13 Legal Analyses
    Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"
  14. Section 2A:58C-1 - Findings; definitions

    N.J. Stat. § 2A:58C-1   Cited 473 times   14 Legal Analyses
    Defining "[h]arm" as, inter alia, "physical damage to property, other than to the product itself"
  15. Section 11-1-63 - Product liability actions; conditions for liability; what constitutes a defective product

    Miss. Code § 11-1-63   Cited 340 times   4 Legal Analyses
    Holding manufacturer or seller of product liable "in any action for damages caused by a product"
  16. Section 50-626 - Deceptive acts and practices

    Kan. Stat. § 50-626   Cited 277 times
    Forbidding the "willful use, in any oral or written representation, of exaggeration, falsehood, innuendo or ambiguity as to a material fact"
  17. Section 2298 - Enrichment without cause; compensation

    La. Civ. Code art. 2298   Cited 217 times
    Codifying Louisiana's doctrine of unjust enrichment
  18. Section 34-20-1-1 - Application of article

    Ind. Code § 34-20-1-1   Cited 165 times   1 Legal Analyses

    This article governs all actions that are: (1) brought by a user or consumer; (2) against a manufacturer or seller; and (3) for physical harm caused by a product; regardless of the substantive legal theory or theories upon which the action is brought. IC 34-20-1-1 Pre-1998 Recodification Citation: 33-1-1.5-1. As added by P.L. 1-1998, SEC.15.

  19. Section 29-28-101 - Short title

    Tenn. Code § 29-28-101   Cited 155 times   1 Legal Analyses

    This chapter shall be known and may be cited as the "Tennessee Products Liability Act of 1978." T.C.A. § 29-28-101 Acts 1978, ch. 703, § 1; T.C.A., § 23-3701.

  20. Section 10-1-370 - Short title

    Ga. Code § 10-1-370   Cited 128 times   13 Legal Analyses

    This part shall be known and may be cited as the "Uniform Deceptive Trade Practices Act." OCGA § 10-1-370 Amended by 2017 Ga. Laws 275,§ 10, eff. 5/9/2017.