11 Cited authorities

In re Drexel Burnham Lambert Group, Inc.
960 F.2d 285 (2d Cir. 1992) Cited 678 times 10 Legal Analyses
Holding that Shutts did not require opt-out rights in a Rule 23(b)(B) class action because the plaintiffs had already submitted to the district court's jurisdiction by filing bankruptcy claims against the defendant
Rockford Memorial Corp. v. United States
498 U.S. 920 (1990) Cited 187 times 1 Legal Analyses
Upholding trial court determination that Fifth Amendment privilege cannot "be used as a shield to avoid disclosure of assets"
Johnson v. Celotex Corp.
899 F.2d 1281 (2d Cir. 1990) Cited 550 times 1 Legal Analyses
Finding that "courts have taken the view that considerations of judicial economy favor consolidation"
Huber v. Casablanca Ind., Inc.
506 U.S. 1088 (1993) Cited 65 times
No. 90-1092. January 25, 1993, October TERM, 1992. Dismissal Under Rule 46 C.A. 3d Cir. Certiorari dismissed under this Court's Rule 46. Reported below: 916 F. 2d 85.
Pirelli Armstrong Tire Corp. Retiree Medical Benefits Trust v. LaBranche & Co., Inc.
229 F.R.D. 395 (S.D.N.Y. 2004) Cited 138 times
Holding that the "experience of a candidate" is "relevant to reaching a determination as to whether a candidate will be capable of adequately protecting the interests of the class"
In re Olsten Corp. Securities Litg.
3 F. Supp. 2d 286 (E.D.N.Y. 1998) Cited 161 times
Consolidating cases with different, but overlapping, class periods
Primavera Familienstiftung v. Askin
173 F.R.D. 115 (S.D.N.Y. 1997) Cited 50 times
Denying broker's and ACM's motion to dismiss Primavera's third amended complaint
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
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,849 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"
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,211 times 23 Legal Analyses
Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,446 times 48 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Canson et al v. WebMD Health Corp. et al

11 Cited authorities

Holding that Shutts did not require opt-out rights in a Rule 23(b)(B) class action because the plaintiffs had already submitted to the district court's jurisdiction by filing bankruptcy claims against the defendant

Upholding trial court determination that Fifth Amendment privilege cannot "be used as a shield to avoid disclosure of assets"

Finding that "courts have taken the view that considerations of judicial economy favor consolidation"

Holding that the "experience of a candidate" is "relevant to reaching a determination as to whether a candidate will be capable of adequately protecting the interests of the class"

Consolidating cases with different, but overlapping, class periods

Denying broker's and ACM's motion to dismiss Primavera's third amended complaint

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, 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 court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

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