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Hall v. The Childrens Place Retail Stores, Inc. et al

MEMORANDUM OF LAW in Support re: 60 MOTION for Attorney Fees and Expenses and Reimbursement of Lead Plaintiff's Expenses. MOTION for Settlement and Plan of Allocation of Settlement Proceeds. Lead Plaintiff's Counsel's Memorandum of Law in Support of Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Lead Plaintiff's Expenses. Document

62 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,623 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Blum v. Stenson

    465 U.S. 886 (1984)   Cited 9,133 times   4 Legal Analyses
    Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”

  3. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,425 times   313 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  4. Missouri v. Jenkins

    491 U.S. 274 (1989)   Cited 2,384 times   2 Legal Analyses
    Holding that reasonable attorney's fees includes the costs of paralegals' time

  5. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,533 times   69 Legal Analyses
    Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

  6. Boeing Co. v. Van Gemert

    444 U.S. 472 (1980)   Cited 1,058 times   3 Legal Analyses
    Holding that the district court properly assessed attorney's fees based on the total fund available to the prevailing class rather than the amount actually recovered

  7. J. I. Case Co. v. Borak

    377 U.S. 426 (1964)   Cited 1,112 times   9 Legal Analyses
    Holding that “a right of action [under Section 14(a) ] exists as to both derivative and direct causes”

  8. New York Ass'n for Retarded Child. v. Carey

    711 F.2d 1136 (2d Cir. 1983)   Cited 2,123 times   2 Legal Analyses
    Holding unreasonable the addition of contingency bonuses to fee awards to non-profit law offices

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

    55 F.3d 768 (3d Cir. 1995)   Cited 1,170 times   4 Legal Analyses
    Holding that nothing in Rule 23 "can be read to authorize separate, liberalized criteria for settlement classes"

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

    396 F.3d 96 (2d Cir. 2005)   Cited 792 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"

  11. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 16,016 times   52 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"

  12. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,767 times   53 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  13. Section 78u-5 - Application of safe harbor for forward-looking statements

    15 U.S.C. § 78u-5   Cited 1,310 times   22 Legal Analyses
    Listing as an exclusion from the safe harbor "forward-looking statement in connection with a going private transaction"