21 Cited authorities

Robinson v. Metro-North Commuter R.R. Co.
267 F.3d 147 (2d Cir. 2001) Cited 664 times 3 Legal Analyses
Holding compensatory or punitive damages sometimes permissible under Rule 23(b)
Robidoux v. Celani
987 F.2d 931 (2d Cir. 1993) Cited 873 times 2 Legal Analyses
Holding that recipients of public assistance challenging delays by the Vermont Department of Social Welfare could proceed under the "inherently transitory" exception in part because "the Department will almost always be able to process a delayed application before a plaintiff can obtain relief through litigation"
Gary Plastic Packaging v. Merrill Lynch
903 F.2d 176 (2d Cir. 1990) Cited 389 times 6 Legal Analyses
Holding that an interlocutory order denying a motion for class certification merges into a final judgment resulting from the class representative's failure to prosecute its individual claims
Cromer Finance Ltd. v. Berger
137 F. Supp. 2d 452 (S.D.N.Y. 2001) Cited 191 times 1 Legal Analyses
Holding that substantial assistance exists "where a defendant affirmatively assists, helps conceal, or by virtue of failing to act when required to do so enables the fraud to proceed"
Leasco Data Processing Equip. Corp v. Maxwell
468 F.2d 1326 (2d Cir. 1972) Cited 319 times 1 Legal Analyses
Holding that either conduct or effects in the United States may justify the application of Section 10(b) to a securities transaction
In re Vivendi Universal, S.A.
242 F.R.D. 76 (S.D.N.Y. 2007) Cited 105 times 1 Legal Analyses
Limiting a class "to foreign shareholders whose courts, in the unlikely event of successive litigations, are likely to give res judicata effect to any judgment herein"
Bersch v. Drexel Firestone, Incorporated
519 F.2d 974 (2d Cir. 1975) Cited 203 times
Holding that it would have been "an abuse of discretion" to exercise pendent jurisdiction over the state-law claims of a class of foreign plaintiffs in that action
IN RE THE BAAN COMPANY
103 F. Supp. 2d 1 (D.D.C. 2000) Cited 59 times
Holding that "the connections are strong enough to give rise to an inference that . . . Paul Baan, Jan Baan, and Vanenburg, had the power to control Baan"
Itoba Ltd. v. Lep Group PLC
54 F.3d 118 (2d Cir. 1995) Cited 65 times
Holding that SEC filings that include substantial misrepresentations may establish subject matter jurisdiction
In re Cardinal Health, Inc. Securities Litigation
226 F.R.D. 298 (S.D. Ohio 2005) Cited 44 times
Finding movant subject to a unique defense because it purchased its shares after the company's public disclosures of investigations by the Securities and Exchange Commission and the United States Attorney's Office for the Southern District of New York into the company's accounting methods
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,840 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 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,445 times 48 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

21 Cited authorities

Holding compensatory or punitive damages sometimes permissible under Rule 23(b)

Holding that an interlocutory order denying a motion for class certification merges into a final judgment resulting from the class representative's failure to prosecute its individual claims

Holding that substantial assistance exists "where a defendant affirmatively assists, helps conceal, or by virtue of failing to act when required to do so enables the fraud to proceed"

Holding that either conduct or effects in the United States may justify the application of Section 10(b) to a securities transaction

Limiting a class "to foreign shareholders whose courts, in the unlikely event of successive litigations, are likely to give res judicata effect to any judgment herein"

Holding that it would have been "an abuse of discretion" to exercise pendent jurisdiction over the state-law claims of a class of foreign plaintiffs in that action

Holding that "the connections are strong enough to give rise to an inference that . . . Paul Baan, Jan Baan, and Vanenburg, had the power to control Baan"

Holding that SEC filings that include substantial misrepresentations may establish subject matter jurisdiction

Finding movant subject to a unique defense because it purchased its shares after the company's public disclosures of investigations by the Securities and Exchange Commission and the United States Attorney's Office for the Southern District of New York into the company's accounting methods

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