§Why CasetextPricing

Boynton Beach Firefighters' Pension Fund v. HCP, Inc. et al

Opposition to 19 Motion for appointment of counsel Motion of Albert J. Bell for Appointment as Lead Plaintiff and Approval of Lead Counsel, 20 Motion for appointment of counsel and for appointment as lead plaintiff

21 Cited authorities

  1. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,227 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  2. Sprint Communications Co. v. APCC Services, Inc.

    554 U.S. 269 (2008)   Cited 831 times   8 Legal Analyses
    Holding that a federal cause of action that permitted payphone operators to seek compensation from long-distance carriers for certain calls was assignable

  3. In re Cendant Corp. Litigation

    264 F.3d 201 (3d Cir. 2001)   Cited 738 times
    Holding that the PSLRA is clear that "the power to `select and retain' lead counsel belongs . . . to the lead plaintiff, and the court's role is confined to deciding whether to `approve' that choice" and that should the court disagree with the lead plaintiffs choice "it should clearly state why . . . and should direct the lead plaintiff to undertake an acceptable selection process"

  4. W.R. Huff v. Deloitte Touche

    549 F.3d 100 (2d Cir. 2008)   Cited 402 times   3 Legal Analyses
    Holding that an interest in recovering attorney's fees, alone, is insufficient to create Article III standing

  5. Kayes v. Pacific Lumber Co.

    51 F.3d 1449 (9th Cir. 1995)   Cited 289 times
    Holding that a plaintiff who sues under Section 1132 "does so on behalf of the plan and not in his individual capacity. While the individual has standing to bring the suit, and stands to gain if the suit is successful, his benefit is secondary or derivative of the plans gain"

  6. GSI Commerce Solutions, Inc. v. BabyCenter, L.L.C.

    618 F.3d 204 (2d Cir. 2010)   Cited 87 times   2 Legal Analyses
    Finding that client and client's corporate affiliate were so interrelated such that "representation adverse to a client's corporate affiliate implicate[d] the duty of loyalty owed to the client"

  7. In re Telxon Corp. Securities Litigation

    67 F. Supp. 2d 803 (N.D. Ohio 1999)   Cited 99 times
    Finding that the constant usage of the singular in the PSLRA means that a group must meet additional hurdles if it seeks appointment as lead plaintiff

  8. Eichenholtz v. Verifone Holdings, Inc.

    No. C 07-06140 MHP (N.D. Cal. Aug. 22, 2008)   Cited 46 times
    Holding that losses incurred before the first fraud-correcting disclosure alleged in an action must be excluded pursuant to Dura

  9. Bacon v. Honda of America Mfg., Inc.

    205 F.R.D. 466 (S.D. Ohio 2001)   Cited 50 times   1 Legal Analyses
    Finding a conflict where some class members are placed "in the conflicting position of having to defend their actions against a discrimination challenge."

  10. Kurczi v. Eli Lilly & Co.

    160 F.R.D. 667 (N.D. Ohio 1995)   Cited 59 times
    Holding that potential conflict existed where class counsel was also counsel for individual plaintiffs against the same defendant

  11. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,730 times   53 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 2,397 times   87 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act