19 Cited authorities

Robidoux v. Celani
987 F.2d 931 (2d Cir. 1993) Cited 875 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"
Johnson v. Celotex Corp.
899 F.2d 1281 (2d Cir. 1990) Cited 553 times 1 Legal Analyses
Finding that "courts have taken the view that considerations of judicial economy favor consolidation"
Kaplan v. Gelfond
240 F.R.D. 88 (S.D.N.Y. 2007) Cited 156 times 1 Legal Analyses
Holding that plaintiff must be attorney in-fact and have ultimate decision-making power over managed funds to establish standing
Foley v. Transocean Ltd.
272 F.R.D. 126 (S.D.N.Y. 2011) Cited 95 times
Rejecting challenge that Danish pension fund would "saddle the class with unnecessary and additional costs"; "courts in this District and others have routinely appointed foreign investors as lead plaintiff"
In re Bank of Am. Aig Disclosure Sec. Litig.
980 F. Supp. 2d 564 (S.D.N.Y. 2013) Cited 71 times
Finding no omission where allegedly concealed information had been reported in several media outlets
In re Razorfish, Inc.
143 F. Supp. 2d 304 (S.D.N.Y. 2001) Cited 73 times
Holding that to allow lawyers to designate unrelated plaintiffs as a "group" and aggregate their financial stakes would allow and encourage lawyers to direct the litigation and would defeat the purpose of the Reform Act
Glauser v. EVCI Center Colleges Holding Corp.
236 F.R.D. 190 (S.D.N.Y. 2006) Cited 61 times 1 Legal Analyses
Finding typicality where proposed lead plaintiff " like all class members" purchased the securities at issue during the proposed class period at prices allegedly artificially inflated by the defendants' false and misleading statements or omissions and suffered damage thereby
In re Gentiva Securities Litigation
281 F.R.D. 108 (E.D.N.Y. 2012) Cited 47 times
Holding unrelated class members could aggregate their claims in calculating financial loss for lead plaintiff designation purposes
Weltz v. Lee
199 F.R.D. 129 (S.D.N.Y. 2001) Cited 65 times
Concluding that a group of seven members was not "so cumbersome as to deliver the control of the litigation into the hands of the lawyers"
Greebel v. FTP Software, Inc.
939 F. Supp. 57 (D. Mass. 1996) Cited 72 times
Holding that only named plaintiffs, rather than all parties moving for appointment as lead plaintiff, need comply with the certification requirement
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,040 times 1236 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 9,282 times 24 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 7,483 times 49 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 77z-1 - Private securities litigation
15 U.S.C. § 77z-1 Cited 454 times 14 Legal Analyses
Discussing "[t]otal attorneys' fees and expenses" that can be awarded by court

Ciraulu v. American Realty Capital Properties, Inc. et al

19 Cited authorities

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

Holding that plaintiff must be attorney in-fact and have ultimate decision-making power over managed funds to establish standing

Rejecting challenge that Danish pension fund would "saddle the class with unnecessary and additional costs"; "courts in this District and others have routinely appointed foreign investors as lead plaintiff"

Finding no omission where allegedly concealed information had been reported in several media outlets

Holding that to allow lawyers to designate unrelated plaintiffs as a "group" and aggregate their financial stakes would allow and encourage lawyers to direct the litigation and would defeat the purpose of the Reform Act

Finding typicality where proposed lead plaintiff " like all class members" purchased the securities at issue during the proposed class period at prices allegedly artificially inflated by the defendants' false and misleading statements or omissions and suffered damage thereby

Holding unrelated class members could aggregate their claims in calculating financial loss for lead plaintiff designation purposes

Concluding that a group of seven members was not "so cumbersome as to deliver the control of the litigation into the hands of the lawyers"

Holding that only named plaintiffs, rather than all parties moving for appointment as lead plaintiff, need comply with the certification requirement

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

Discussing "[t]otal attorneys' fees and expenses" that can be awarded by court