69 Cited authorities

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

    564 U.S. 338 (2011)   Cited 6,691 times   505 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 6,995 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. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,253 times   233 Legal Analyses
    Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"
  4. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,700 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  5. Teamsters v. United States

    431 U.S. 324 (1977)   Cited 4,611 times   27 Legal Analyses
    Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile
  6. Halliburton Co. v. Erica P. John Fund, Inc.

    573 U.S. 258 (2014)   Cited 605 times   90 Legal Analyses
    Holding that defendants may seek to rebut the Basic presumption at the class certification stage through evidence that the misrepresentation had no price impact
  7. Personnel Administrator of Mass. v. Feeney

    442 U.S. 256 (1979)   Cited 2,074 times   1 Legal Analyses
    Holding that the Equal Protection Clause is implicated only when "a state legislatur[e] selected or reaffirmed a particular course of action at least in part `because of,' not merely `in spite of,' its adverse effects upon an identifiable group"
  8. Watson v. Fort Worth Bank Tr.

    487 U.S. 977 (1988)   Cited 1,379 times   7 Legal Analyses
    Holding that plaintiff has burden to show that a particular employment practice "caused the exclusion of applicants for jobs or promotions because of their membership in a protected group"
  9. Smith v. City of Jackson

    544 U.S. 228 (2005)   Cited 655 times   57 Legal Analyses
    Holding that "when Congress uses the same language in two statutes having similar purposes, particularly when one is enacted shortly after the other, it is appropriate to presume that Congress intended that text to have the same meaning in both statutes."
  10. Wards Cove Packing Co. v. Atonio

    490 U.S. 642 (1989)   Cited 980 times   20 Legal Analyses
    Holding causation was not demonstrated because plaintiffs had not disproved the possibility that the overrepresentation of minority workers in lower-paying cannery positions was caused by the company's contract with a predominantly non-White labor union
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,160 times   1237 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 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,978 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  13. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 22,694 times   81 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
  14. Section 2072 - Rules of procedure and evidence; power to prescribe

    28 U.S.C. § 2072   Cited 1,813 times   37 Legal Analyses
    Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
  15. Section 2000e-8 - Investigations

    42 U.S.C. § 2000e-8   Cited 392 times   26 Legal Analyses
    Authorizing the EEOC to "enter into written agreements" with state and local agencies to promote "effective enforcement" of the Act