62 Cited authorities

  1. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,983 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval
  2. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,248 times   232 Legal Analyses
    Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"
  3. Amgen Inc. v. Conn. Ret. Plans & Tr. Funds

    568 U.S. 455 (2013)   Cited 1,827 times   100 Legal Analyses
    Holding that certain merits questions “should not be resolved in deciding whether to certify a proposed class,” but are “properly addressed at trial or in a ruling on a summary-judgment motion”
  4. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,693 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  5. Miles v. Merrill Lynch & Co.

    471 F.3d 24 (2d Cir. 2006)   Cited 770 times   20 Legal Analyses
    Holding that district court must make a "definitive assessment of Rule 23 requirements" and "resolve[] . . . factual disputes relevant to each Rule 23 requirement"
  6. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc.

    396 F.3d 96 (2d Cir. 2005)   Cited 759 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"
  7. Goldberger v. Integrated Resources, Inc.

    209 F.3d 43 (2d Cir. 2000)   Cited 873 times
    Holding that risk must be measured at the time the lawsuit is filed
  8. Wal-Mart Stores, Inc. v. Visa U.S.A. Inc.

    280 F.3d 124 (2d Cir. 2001)   Cited 675 times   7 Legal Analyses
    Holding that refusal to certify a class "on the sole ground that it would be unmanageable is disfavored and ‘should be the exception rather than the rule’ " (quoting In re S. Cent. States Bakery Prods. Antitrust Litig. , 86 F.R.D. 407, 423 (M.D. La. 1980) )
  9. Robidoux v. Celani

    987 F.2d 931 (2d Cir. 1993)   Cited 876 times   2 Legal Analyses
    Holding that recipients of public assistance challenging delays by the Vermont Department of Social Welfare could proceed under the "inherently transitory" exception in part because "the Department will almost always be able to process a delayed application before a plaintiff can obtain relief through litigation"
  10. Marisol A. v. Giuliani

    126 F.3d 372 (2d Cir. 1997)   Cited 743 times
    Holding that the district court did not abuse its discretion in certifying the class but suggesting that prior to trial the district court “ensure that appropriate subclasses are identified”
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,111 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"