§Why CasetextPricing

COOPER v. AETNA HEALTH INC. PA, CORP. et al

MEMORANDUM in Opposition

30 Cited authorities

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

    564 U.S. 338 (2011)   Cited 6,668 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 6,975 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. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,669 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

  4. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 850 times   5 Legal Analyses
    Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

  5. Beck v. Prupis

    529 U.S. 494 (2000)   Cited 546 times
    Holding that in order for a RICO plaintiff to have standing he must establish that his injuries were caused by a predicate act within the meaning of 18 U.S.C. § 1962

  6. In re Hydrogen Peroxide Antitrust Litig.

    552 F.3d 305 (3d Cir. 2008)   Cited 913 times   36 Legal Analyses
    Holding that plaintiffs must make more than a mere " threshold showing," they must establish facts " by the preponderance of the evidence"

  7. Maio v. Aetna, Inc.

    221 F.3d 472 (3d Cir. 2000)   Cited 1,116 times
    Holding no RICO cause of action because factual predicate necessary for damages to be incurred at all too speculative

  8. Marcus v. BMW of N. Am., LLC

    687 F.3d 583 (3d Cir. 2012)   Cited 663 times   60 Legal Analyses
    Holding that the party seeking class certification must demonstrate the putative class's conformance with Rule 23

  9. Klay v. Humana, Inc.

    382 F.3d 1241 (11th Cir. 2004)   Cited 553 times   5 Legal Analyses
    Holding that where there were variations in state laws precluding a single class of doctors alleging breaches of contract by health maintenance organizations that systematically underpaid physicians for their services, subclasses could be certified covering class members applying the same legal standards

  10. McLaughlin v. Tobacco Co.

    522 F.3d 215 (2d Cir. 2008)   Cited 305 times   17 Legal Analyses
    Holding that an aggregate determination that “bears little or no relationship to the amount of economic harm actually caused” violates the Rules Enabling Act

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,072 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 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,106 times   42 Legal Analyses
    Granting civil remedies for RICO violation

  13. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,683 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."