23 Cited authorities

  1. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,947 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. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,668 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
  3. Miles v. Merrill Lynch & Co.

    471 F.3d 24 (2d Cir. 2006)   Cited 768 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"
  4. Newton v. Merrill Lynch, Pierce, Fenner, Smith

    259 F.3d 154 (3d Cir. 2001)   Cited 749 times   9 Legal Analyses
    Holding that typicality was satisfied because the claims of each class member rested on a securities violation resulting from a uniform course of conduct even though each class member may be required to offer individual proof of damages
  5. Denney v. Deutsche Bank AG

    443 F.3d 253 (2d Cir. 2006)   Cited 598 times   9 Legal Analyses
    Holding "no class may be certified that contains members lacking Article III standing"
  6. Teamsters v. Bombardier

    546 F.3d 196 (2d Cir. 2008)   Cited 447 times   2 Legal Analyses
    Holding that the “preponderance of the evidence standard applies to evidence proffered to establish Rule 23's requirements”
  7. In re Flag Telecom Holdings

    574 F.3d 29 (2d Cir. 2009)   Cited 353 times   2 Legal Analyses
    Holding that plaintiffs' evidence of news events and the expert's event study did not provide sufficient evidence of causation
  8. Cordes v. A.G. Edwards

    502 F.3d 91 (2d Cir. 2007)   Cited 252 times   2 Legal Analyses
    Holding that assignees properly stood before the court "in the shoes of" class members as "assimilated members of the class."
  9. Lapin v. Goldman Sachs & Co.

    254 F.R.D. 168 (S.D.N.Y. 2008)   Cited 94 times
    Finding typicality met due to lack of meritorious defenses
  10. In re Amaranth Natural Gas Commodities Litigation

    587 F. Supp. 2d 513 (S.D.N.Y. 2008)   Cited 88 times   2 Legal Analyses
    Holding that a complaint alleging manipulation of commodities prices must always satisfy the heightened standard of Rule 9(b) because “market manipulation is inherently deceptive”
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,896 times   1234 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. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 276 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA