22 Cited authorities

  1. Phillips Petroleum Co. v. Shutts

    472 U.S. 797 (1985)   Cited 1,825 times   19 Legal Analyses
    Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
  2. Lexecon Inc. v. Milberg Weiss Bershad Hynes Lerach

    523 U.S. 26 (1998)   Cited 883 times   11 Legal Analyses
    Holding that, because the remand requirement is absolute, the transferee court may not invoke the change-of-venue statute to assign transferred cases to itself for trial
  3. In re Patenaude

    210 F.3d 135 (3d Cir. 2000)   Cited 190 times
    Holding transferee court only has authority to conduct "coordinated or consolidated" pretrial proceedings in actions comprising an MDL
  4. In re Silica Products Liability Litigation

    398 F. Supp. 2d 563 (S.D. Tex. 2005)   Cited 86 times
    Finding egregious misjoinder of claims by plaintiffs who were exposed to silica in different jobs with different equipment
  5. Steinberg v. Nationwide Mut. Ins. Co.

    224 F.R.D. 67 (E.D.N.Y. 2004)   Cited 68 times
    Holding that "[t]he mere existence of individualized factual questions with respect to the class representative's claim will not bar class certification"
  6. Williams v. Gen. Elec. Capital Auto Lease

    159 F.3d 266 (7th Cir. 1998)   Cited 71 times   1 Legal Analyses
    Holding that unnamed class members are not "parties" and, as such, cannot "deprive magistrate judge of jurisdiction" by withholding their consent
  7. Maywalt v. Parker & Parsley Petroleum Co.

    147 F.R.D. 51 (S.D.N.Y. 1993)   Cited 57 times
    Finding that the Court of Appeals for the Second Circuit has a "preference for class certification in securities cases"
  8. Alexis v. District of Columbia

    44 F. Supp. 2d 331 (D.D.C. 1999)   Cited 46 times
    Holding that a non-moving party must present "specific facts showing that there is a genuine issue for trial," and "may not rely on mere allegations or denials to prevail" in order for the Court to deny a motion for summary judgment
  9. In re Energy Sys. Equip. Leasing Sec. Lit.

    642 F. Supp. 718 (E.D.N.Y. 1986)   Cited 67 times
    Holding that an "enterprise composed of an association-in-fact, even if made up entirely of individual defendants deemed to be § 1961 ‘persons,’ is to be viewed for purposes of RICO claims as possessing a separate existence from its individual members" and thus finding that "the various defendants constitute persons under RICO, while the interaction and relationship between these defendants with regard to the alleged scheme ... comprises an association-in-fact enterprise separate and distinct from these individual persons"
  10. In re Equity Funding Corp. of America Securities Litigation

    416 F. Supp. 161 (C.D. Cal. 1976)   Cited 88 times
    Concluding that court was not precluded from considering amendments to pleadings once the actions had been transferred by the JPML
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,300 times   1254 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"
  13. Section 12-P:2 - Establishment; Purpose

    N.H. Rev. Stat. § 12-P:2   Cited 41 times

    I. There shall be a department of energy under the executive direction of a commissioner of energy and consisting of the divisions of administration, policy and programs, enforcement, and regulatory support. II. The purpose of this chapter is to improve the administration of state government by providing unified direction of policies, programs, and personnel in the field of energy and utilities, making possible increased efficiency and economies from integrated administration and operation of the