§Why CasetextPricing

Fried et al v. Lehman Brothers Real Estate Associates III, L.P. et al

MEMORANDUM OF LAW in Support re: 28 MOTION to Strike Document No. 1 Notice of Motion to Strike All Allegations in Complaint. MOTION to Strike Document No. 1 Notice of Motion to Strike All Allegations in Complaint.. Document

15 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,348 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  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. State v. Thiel

    2003 WI 111 (Wis. 2003)   Cited 439 times   15 Legal Analyses
    Concluding that multiple incidents of deficient performance may be aggregated in determining prejudice under Strickland

  4. Berger v. Compaq Comput. Corp.

    257 F.3d 475 (5th Cir. 2001)   Cited 274 times   2 Legal Analyses
    Holding that district court erred by shifting burden to defendants to show that class representatives were inadequate

  5. Pirelli Armstrong Tire Corp. Retiree Medical Benefits Trust v. LaBranche & Co., Inc.

    229 F.R.D. 395 (S.D.N.Y. 2004)   Cited 141 times
    Holding that the "experience of a candidate" is "relevant to reaching a determination as to whether a candidate will be capable of adequately protecting the interests of the class"

  6. In re Telxon Corp. Securities Litigation

    67 F. Supp. 2d 803 (N.D. Ohio 1999)   Cited 98 times
    Finding that the constant usage of the singular in the PSLRA means that a group must meet additional hurdles if it seeks appointment as lead plaintiff

  7. Greebel v. FTP Software, Inc.

    939 F. Supp. 57 (D. Mass. 1996)   Cited 72 times
    Holding that only named plaintiffs, rather than all parties moving for appointment as lead plaintiff, need comply with the certification requirement

  8. In re NYSE Specialists Securities Litigation

    240 F.R.D. 128 (S.D.N.Y. 2007)   Cited 43 times
    Finding that courts have "the ability to consider motions to disqualify, remove, withdraw, substitute, and add lead plaintiffs throughout the litigation of a securities class action"

  9. In re SLM Corp. Securities Litigation

    258 F.R.D. 112 (S.D.N.Y. 2009)   Cited 34 times
    Holding investment advisor lacked standing to bring claims assigned after it was appointed lead plaintiff

  10. In re XM Satellite Radio Holdings Secs. Litig.

    237 F.R.D. 13 (D.D.C. 2006)   Cited 25 times
    Rejecting argument that subclass should be created because options purchasers "might perhaps seek a different litigation strategy to maximize their recovery"

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  12. 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

  13. 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