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Fort Worth Employees' Retirement Fund v. JP Morgan Chase & Co. et al

MEMORANDUM OF LAW in Support re: 365 MOTION for Settlement for Final Approval and Plan of Allocation. . Document

37 Cited authorities

  1. Eisen v. Carlisle Jacquelin

    417 U.S. 156 (1974)   Cited 3,779 times   22 Legal Analyses
    Holding that individual notice to class members identifiable through reasonable efforts is mandatory in (b) actions

  2. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 1,018 times   20 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"

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

    396 F.3d 96 (2d Cir. 2005)   Cited 775 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"

  4. In re Warfarin Sodium Antitrust Litigation

    391 F.3d 516 (3d Cir. 2004)   Cited 688 times   7 Legal Analyses
    Holding that TPPs had standing to assert antitrust claims because they suffered “direct and independent harm” as a result of paying supracompetitive prices for the defendant's drug regardless of any injury suffered by the consumer plaintiffs

  5. City of Detroit v. Grinnell Corporation

    495 F.2d 448 (2d Cir. 1974)   Cited 1,412 times
    Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant

  6. D'Amato v. Deutsche Bank

    236 F.3d 78 (2d Cir. 2001)   Cited 416 times
    Holding that the district court properly concluded that 18 objections from a class of 27,883 weighed in favor of settlement

  7. In re Agent Orange Prod. Liab. Litig.

    818 F.2d 145 (2d Cir. 1987)   Cited 426 times   6 Legal Analyses
    Holding that with respect to a 23(b) class, unidentified absent class members that could not be located through reasonable efforts did not need to be provided with individual notice in order to be bound

  8. Weinberger v. Kendrick

    698 F.2d 61 (2d Cir. 1982)   Cited 492 times   1 Legal Analyses
    Holding that a "clearer showing of a settlement's fairness, reasonableness and adequacy" is required for a settlement reached "prior to class certification," though "we have long recognized that a district court's disposition of a proposed class action settlement should be accorded considerable deference"

  9. In re Global Crossing Securities and Erisa Litigation

    225 F.R.D. 436 (S.D.N.Y. 2004)   Cited 227 times
    Finding on facts of that case that “when judged against the realistic, rather than theoretical, potential for recovery after trial, the settlement amount is extremely beneficial”

  10. NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co.

    693 F.3d 145 (2d Cir. 2012)   Cited 139 times   2 Legal Analyses
    Holding that “standing to assert claims on behalf of other purchasers d[oes] not turn on whether the plaintiff had Article III standing for offerings [plaintiff] did not purchase”

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,820 times   1247 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. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,612 times   51 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  13. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,128 times   86 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  14. Section 14 - Sale, etc., on agreement not to use goods of competitor

    15 U.S.C. § 14   Cited 1,024 times   4 Legal Analyses
    Forbidding exclusive dealing that substantially lessens competition

  15. Section 77z-1 - Private securities litigation

    15 U.S.C. § 77z-1   Cited 460 times   14 Legal Analyses
    Discussing "[t]otal attorneys' fees and expenses" that can be awarded by court

  16. Section 77z - Separability

    15 U.S.C. § 77z   Cited 95 times   2 Legal Analyses
    Creating a safe harbor for certain forward-looking statements