9 Cited authorities

In re Cavanaugh
306 F.3d 726 (9th Cir. 2002) Cited 354 times
Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff
In re Worldcom, Inc. Securities Litigation
294 F. Supp. 2d 392 (S.D.N.Y. 2003) Cited 161 times
Holding that the lead plaintiff, a stockholder, had standing to assert Section 11 claims on behalf of investors in WorldCom's note offerings where "claims addressed specifically to the [note] offerings rely on the same course of conduct that underlies the claims addressed more generally to WorldCom's securities . . . ."
In re Enron Corp. Securities Litigation
314 B.R. 354 (S.D. Tex. 2002) Cited 113 times
Finding that filing of additional information after sixty-day period "did not violate the spirit or purpose of the PSLRA and its express time deadlines" because requisite information about group member had been included in earlier filing and therefore amendment "did not 'supplement' the group"
Weinberg v. Atlas Air Worldwide Holdings, Inc.
216 F.R.D. 248 (S.D.N.Y. 2003) Cited 69 times 1 Legal Analyses
Rejecting joint application of an individual investor and an institutional plaintiff because there is "no need to have them both as Lead Plaintiff"
Sofran v. LaBranche & Co., Inc.
220 F.R.D. 398 (S.D.N.Y. 2004) Cited 31 times
Rejecting the argument that because the proposed lead plaintiff was not the beneficial owner of the shares that it could not serve as an adequate lead plaintiff
In re McKesson HBOC, Inc. Securities Litigation
97 F. Supp. 2d 993 (N.D. Cal. 1999) Cited 34 times
Holding that it was inappropriate to count losses or profits by "in-and-out" traders and assuming a constant fraud premium despite movant's argument that partial disclosures may have begun seeping into the pool of information available to the investors
In re Comdisco Securities Litigation
150 F. Supp. 2d 943 (N.D. Ill. 2001) Cited 26 times
Rejecting application of FIFO methodology and finding that net seller's transactions during the class period "caused it to derive unwitting benefits rather than true losses from the alleged securities fraud"
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,573 times 1241 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 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,592 times 52 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Borochoff v. Glaxosmithkline PLC. et al

9 Cited authorities

Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff

Finding that filing of additional information after sixty-day period "did not violate the spirit or purpose of the PSLRA and its express time deadlines" because requisite information about group member had been included in earlier filing and therefore amendment "did not 'supplement' the group"

Rejecting joint application of an individual investor and an institutional plaintiff because there is "no need to have them both as Lead Plaintiff"

Rejecting the argument that because the proposed lead plaintiff was not the beneficial owner of the shares that it could not serve as an adequate lead plaintiff

Holding that it was inappropriate to count losses or profits by "in-and-out" traders and assuming a constant fraud premium despite movant's argument that partial disclosures may have begun seeping into the pool of information available to the investors

Rejecting application of FIFO methodology and finding that net seller's transactions during the class period "caused it to derive unwitting benefits rather than true losses from the alleged securities fraud"

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"

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party