34 Cited authorities

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

    564 U.S. 338 (2011)   Cited 6,909 times   508 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 7,125 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. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc.

    396 F.3d 96 (2d Cir. 2005)   Cited 778 times   1 Legal Analyses
    Holding that decision to grant or reject objector's motion for discovery regarding fairness of settlement depended on "whether or not the District Court had before it sufficient facts intelligently to approve the settlement offer"
  4. Goldberger v. Integrated Resources, Inc.

    209 F.3d 43 (2d Cir. 2000)   Cited 903 times
    Holding that risk must be measured at the time the lawsuit is filed
  5. Shahriar v. Smith Wollensky Rest. Grp., Inc.

    659 F.3d 234 (2d Cir. 2011)   Cited 541 times   5 Legal Analyses
    Holding that collective actions under the FLSA encompass only FLSA violations
  6. Denney v. Deutsche Bank AG

    443 F.3d 253 (2d Cir. 2006)   Cited 619 times   9 Legal Analyses
    Holding "no class may be certified that contains members lacking Article III standing"
  7. Consol. Rail Corp. v. Town of Hyde Park

    47 F.3d 473 (2d Cir. 1995)   Cited 764 times   2 Legal Analyses
    Holding that "numerosity is presumed at a level of 40 members"
  8. City of Detroit v. Grinnell Corporation

    495 F.2d 448 (2d Cir. 1974)   Cited 1,418 times
    Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant
  9. In re Drexel Burnham Lambert Group, Inc.

    960 F.2d 285 (2d Cir. 1992)   Cited 693 times   12 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
  10. Moore v. Painewebber, Inc.

    306 F.3d 1247 (2d Cir. 2002)   Cited 348 times   2 Legal Analyses
    Holding that, given "materially uniform misrepresentations," "an individual plaintiff's receipt of and reliance upon the misrepresentation may then be simpler matters to determine"
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,048 times   1252 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 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,321 times   316 Legal Analyses
    Prohibiting unlawful business practices
  13. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,392 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous
  14. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,754 times   68 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  15. Section 1542 - Claims not known by creditor at time of executing release

    Cal. Civ. Code § 1542   Cited 1,674 times   10 Legal Analyses
    Providing that a general release does not extend to unknown claims
  16. Section 1715 - Notifications to appropriate Federal and State officials

    28 U.S.C. § 1715   Cited 1,319 times   21 Legal Analyses
    Providing list of information required to be included with the CAFA notice