42 Cited authorities

American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,124 times 162 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
Naacp v. New York
413 U.S. 345 (1973) Cited 643 times
Holding that intervenor was constructively notified of a lawsuit because of newspaper articles about the case and the intervenor's interest in related issues
United Airlines, Inc. v. McDonald
432 U.S. 385 (1977) Cited 400 times 5 Legal Analyses
Holding that a litigant cannot claim "unfair prejudice" when one person takes over an appeal from another
Public Citizen v. Liggett Group, Inc.
858 F.2d 775 (1st Cir. 1988) Cited 288 times
Holding that public has presumptive right under Fed.R.Civ.P. 5(d) and 26(c) to inspect discovery materials filed with the district court and that "[t]he effect of . . . nonfiling was to deny the public the right it would otherwise have had to inspect freely the discovery materials in this case"
In re Thompson
965 F.2d 1136 (1st Cir. 1992) Cited 206 times 3 Legal Analyses
Holding that a creditor's standing is not eliminated by the existence of a Chapter 7 trustee, although the trustee may prevent a creditor from pursuing his objection without the court's permission
Coalition of Arizona/New Mexico Counties for Stable Economic Growth v. Department of the Interior
100 F.3d 837 (10th Cir. 1996) Cited 175 times
Holding that photographer's interest in Mexican Spotted Owl is a sufficient interest
Travelers Indem. Co. v. Dingwell
884 F.2d 629 (1st Cir. 1989) Cited 200 times
Holding that an insurer has only a contingent interest in the liability phase of a lawsuit when it has reserved the right to deny coverage
Nuesse v. Camp
385 F.2d 694 (D.C. Cir. 1967) Cited 282 times
Holding that Rule 24 was tailored for ordinary civil litigation, and that in atypical cases, intervention requires special consideration
Public Service Co., New Hampshire v. Patch
136 F.3d 197 (1st Cir. 1998) Cited 117 times
Holding that "[i]t is settled beyond peradventure . . . that an undifferentiated, generalized interest in the outcome of an ongoing action is too porous a foundation on which to premise intervention as of right"
Daggett v. Commission on Governmental Ethics
172 F.3d 104 (1st Cir. 1999) Cited 108 times
Holding that the possibility that the litigation could end with an injunction adversely affecting intervenors' interests was adequate to satisfy this aspect of Rule 24
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 348,310 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,908 times 660 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,229 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,128 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"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,245 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Rule 24 - Intervention
Fed. R. Civ. P. 24 Cited 9,209 times 35 Legal Analyses
Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
Section 80a-35 - Breach of fiduciary duty
15 U.S.C. § 80a-35 Cited 310 times 6 Legal Analyses
Imposing a “fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature ”

Forsythe v. Sun Life Financial Inc. et al

42 Cited authorities

Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

Holding that intervenor was constructively notified of a lawsuit because of newspaper articles about the case and the intervenor's interest in related issues

Holding that a litigant cannot claim "unfair prejudice" when one person takes over an appeal from another

Holding that public has presumptive right under Fed.R.Civ.P. 5(d) and 26(c) to inspect discovery materials filed with the district court and that "[t]he effect of . . . nonfiling was to deny the public the right it would otherwise have had to inspect freely the discovery materials in this case"

Holding that a creditor's standing is not eliminated by the existence of a Chapter 7 trustee, although the trustee may prevent a creditor from pursuing his objection without the court's permission

Holding that photographer's interest in Mexican Spotted Owl is a sufficient interest

Holding that an insurer has only a contingent interest in the liability phase of a lawsuit when it has reserved the right to deny coverage

Holding that Rule 24 was tailored for ordinary civil litigation, and that in atypical cases, intervention requires special consideration

Holding that "[i]t is settled beyond peradventure . . . that an undifferentiated, generalized interest in the outcome of an ongoing action is too porous a foundation on which to premise intervention as of right"

Holding that the possibility that the litigation could end with an injunction adversely affecting intervenors' interests was adequate to satisfy this aspect of Rule 24

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Adopting Fed.R.Civ.P. 37

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

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"

Allowing service by filing papers with the court's electronic-filing system

Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

Imposing a “fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature ”