§Why CasetextPricing

Faulkner v. Wolford et al

MOTION to Appoint Lead Plaintiff and Lead Counsel, MOTION to Consolidate Cases

19 Cited authorities

  1. In re Gen. Motors Corp. Pick-Up Truck Fuel Tank

    55 F.3d 768 (3d Cir. 1995)   Cited 1,154 times   4 Legal Analyses
    Holding that nothing in Rule 23 "can be read to authorize separate, liberalized criteria for settlement classes"

  2. In re Drexel Burnham Lambert Group, Inc.

    960 F.2d 285 (2d Cir. 1992)   Cited 686 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

  3. Rockford Memorial Corp. v. United States

    498 U.S. 920 (1990)   Cited 188 times   1 Legal Analyses
    Upholding trial court determination that Fifth Amendment privilege cannot "be used as a shield to avoid disclosure of assets"

  4. Johnson v. Celotex Corp.

    899 F.2d 1281 (2d Cir. 1990)   Cited 559 times   1 Legal Analyses
    Finding that "courts have taken the view that considerations of judicial economy favor consolidation"

  5. Miera v. Garcia

    485 U.S. 959 (1988)   Cited 188 times
    Finding shocking conduct where a nine-year-old student was held upside down by a teacher and beaten on the legs with a split wooden paddle by the principal resulting in bleeding, a welt, a two-inch cut, and a permanent scar

  6. Wetzel v. Liberty Mutual Insurance Co.

    508 F.2d 239 (3d Cir. 1975)   Cited 704 times
    Holding that plaintiff could only bring a class action on behalf of employees whose claims were not time barred by the statute of limitations

  7. Kirkpatrick v. J.C. Bradford Co.

    827 F.2d 718 (11th Cir. 1987)   Cited 352 times
    Holding that variations in state law precluded class certification

  8. Phillips v. Joint Legislative Comm.

    637 F.2d 1014 (5th Cir. 1981)   Cited 308 times
    Holding recusal not necessary despite improper remarks to parties in previous cases

  9. Appleyard v. Wallace

    754 F.2d 955 (11th Cir. 1985)   Cited 119 times
    Recognizing that a " strong similarity of legal theories will satisfy the typicality requirement despite substantial factual differences"

  10. Kennedy v. Tallant

    710 F.2d 711 (11th Cir. 1983)   Cited 121 times
    Holding that evidence of "intentional" misconduct was evidence of "knowing misconduct" so as to establish scienter in a statutory fraud claim

  11. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,129 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,573 times   1241 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 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,592 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  14. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,326 times   86 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act

  15. Section 78a - Short title

    15 U.S.C. § 78a   Cited 1,734 times   39 Legal Analyses
    Emphasizing considerations of federalism in SLUSA's legislative findings