§Why CasetextPricing

Fladell et al v. Wells Fargo Bank, N.A. et al

RESPONSE/REPLY in Opposition to Objections to the Class Action Settlement

62 Cited authorities

  1. Matsushita Elec. Industrial Co. v. Epstein

    516 U.S. 367 (1996)   Cited 527 times   10 Legal Analyses
    Holding that the Exchange Act's exclusive-jurisdiction provision sought "to achieve greater uniformity of construction and more effective and expert application of that law"

  2. In re Prudential Insurance Company

    148 F.3d 283 (3d Cir. 1998)   Cited 1,365 times   8 Legal Analyses
    Holding the district court acted well within its discretion in denying an objector's request for discovery where the objector was able to present his arguments to the court during the fairness hearing and where the court found the objector "had ample opportunity to avail himself of the substantial discovery provided to Lead Counsel but failed to do so, and that additional discovery was unnecessary because [the objector] focused primarily on legal issues"

  3. Cook ex Rel. Tessier v. Sheriff Monroe Cnty

    402 F.3d 1092 (11th Cir. 2005)   Cited 876 times   1 Legal Analyses
    Holding that a sheriff's decisions regarding the training and supervision of their officers are discretionary functions

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

    687 F.3d 583 (3d Cir. 2012)   Cited 657 times   60 Legal Analyses
    Holding that the party seeking class certification must demonstrate the putative class's conformance with Rule 23

  5. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc.

    396 F.3d 96 (2d Cir. 2005)   Cited 756 times   1 Legal Analyses
    Holding that decision to grant or reject objector's motion for discovery regarding fairness of settlement depended on "whether or not the District Court had before it sufficient facts intelligently to approve the settlement offer"

  6. Fallick v. Nationwide Mutual Insurance Company

    162 F.3d 410 (6th Cir. 1998)   Cited 421 times
    Holding that, "once the district court correctly determined that Fallick had standing to bring suit under ERISA against Nationwide with respect to its application of reasonable and customary limitations to its determination of medical benefits - a methodology which, by Nationwide's own admission, it employs in all the benefits plans which Fallick wishes to include under the aegis of the proposed class - the court should then have analyzed whether Fallick satisfied the criteria of Rule 23 with respect to the absent class members"

  7. Rutter Wilbanks Corp. v. Shell Oil Co.

    314 F.3d 1180 (10th Cir. 2002)   Cited 354 times   2 Legal Analyses
    Finding that conflicts between different groups within a class does not create a conflict of interest between class counsel and the class, and, conversely, likely increases class counsel's incentive to secure the greatest award possible

  8. Cotton v. Hinton

    559 F.2d 1326 (5th Cir. 1977)   Cited 774 times   1 Legal Analyses
    Upholding settlement despite fact that little formal discovery had been conducted and noting that, "[b]eing an extra judicial process, informality in the discovery of information is desired"

  9. Parker v. Wendy's Intern., Inc.

    365 F.3d 1268 (11th Cir. 2004)   Cited 309 times
    Holding that because the plaintiff/debtor's discrimination claim became an asset of the bankruptcy estate when she filed her petition, the trustee became the real party in interest. And because the trustee never abandoned the plaintiff/debtor's discrimination claim and never took an inconsistent position under oath with regard to that claim, the trustee was not judicially estopped from pursuing the claim

  10. Cohen v. Am. Sec. Ins. Co.

    735 F.3d 601 (7th Cir. 2013)   Cited 209 times   1 Legal Analyses
    Holding that the implied duty of good faith does not require parties to "be reasonable," but to avoid invoking a contractual provision "dishonestly to achieve a purpose contract to that for which the contract had been made" and finding that the lender did not violate this duty when it gave the borrower notices of the LPI and that she could cancel at any time by securing her own insurance

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,939 times   1234 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 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,952 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  13. Section 541 - Property of the estate

    11 U.S.C. § 541   Cited 14,379 times   73 Legal Analyses
    Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

  14. Section 627.712 - Residential windstorm coverage required; availability of exclusions for windstorm or contents

    Fla. Stat. § 627.712   Cited 1 times
    Requiring wind insurance as part of a homeowner's policy unless the property is located in an excluded area

  15. Section 1024.17 - Escrow accounts

    12 C.F.R. § 1024.17   Cited 55 times   9 Legal Analyses
    Describing the content and format of initial escrow account statements

  16. Section 1024.37 - Force-placed insurance

    12 C.F.R. § 1024.37   Cited 39 times   7 Legal Analyses
    Requiring notice to include “ statement that hazard insurance is required on the borrower's property, and that the servicer has purchased or will purchase ... such insurance at the borrower's expense”