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In Re: Electronic Books Antitrust Litigation

REPLY MEMORANDUM OF LAW in Opposition re: 422 MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel. / DEFENDANT APPLE INC.'S SUR-REPLY MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. Document

17 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,629 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  2. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,228 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. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,345 times   307 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  4. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,103 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

  5. In re Hydrogen Peroxide Antitrust Litig.

    552 F.3d 305 (3d Cir. 2008)   Cited 908 times   36 Legal Analyses
    Holding that plaintiffs must make more than a mere " threshold showing," they must establish facts " by the preponderance of the evidence"

  6. 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"

  7. Broussard v. Meineke Discount Muffler Shops

    155 F.3d 331 (4th Cir. 1998)   Cited 715 times   11 Legal Analyses
    Holding that class certification was improper because "plaintiffs simply cannot advance a single collective breach of contract action on the basis of multiple different contracts" when there are "manifest conflicts of interest" in their claimed recovery

  8. Blue Tree Hotels v. Starwood Hotels Resorts

    369 F.3d 212 (2d Cir. 2004)   Cited 548 times
    Holding that a Court may consider public records, such as complaints filed in state court, in deciding a motion to dismiss under Fed.R.Civ.P. 12(b)

  9. McLaughlin v. Tobacco Co.

    522 F.3d 215 (2d Cir. 2008)   Cited 305 times   17 Legal Analyses
    Holding that an aggregate determination that “bears little or no relationship to the amount of economic harm actually caused” violates the Rules Enabling Act

  10. In re New Motor Vehicles Can

    522 F.3d 6 (1st Cir. 2008)   Cited 279 times   12 Legal Analyses
    Holding that consumer plaintiffs lacked standing to pursue antitrust injunction action alleging anti-competitive action by automobile company defendants where “the complaint [did not] make any allegation regarding a named plaintiff's intention to buy or lease another new vehicle within such a time frame as could be deemed imminent”