29 Cited authorities

Amchem Prods., Inc. v. Windsor
521 U.S. 591 (1997) Cited 6,988 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
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"
Baffa v. Donaldson, Lufkin & Jenrette Secs. Corp.
222 F.3d 52 (2d Cir. 2000) Cited 690 times 2 Legal Analyses
Holding that "class certification is inappropriate where a putative class representative is subject to unique defenses which threaten to become the focus of the litigation"
City of Detroit v. Grinnell Corporation
495 F.2d 448 (2d Cir. 1974) Cited 1,395 times
Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant
Cordes v. A.G. Edwards
502 F.3d 91 (2d Cir. 2007) Cited 254 times 2 Legal Analyses
Holding that assignees properly stood before the court "in the shoes of" class members as "assimilated members of the class."
In re Nasdaq Market-Makers Antitrust Litigation
169 F.R.D. 493 (S.D.N.Y. 1996) Cited 314 times 2 Legal Analyses
Holding that a party can be ordered to produce documents that it has the legal right and practical ability to obtain from another
Ohio Pub. Emps. Ret. Sys. v. Gen. Reinsurance Corp. (In re Am. Int'l Grp., Inc. Sec. Litig.)
689 F.3d 229 (2d Cir. 2012) Cited 140 times 2 Legal Analyses
Holding that the failure to qualify for reliance presumption "typically renders trial unmanageable, precluding a finding that common issues predominate"
McReynolds v. Richards-Cantave
588 F.3d 790 (2d Cir. 2009) Cited 141 times 1 Legal Analyses
Finding that one of the district court's findings of fact was clearly erroneous, but upholding the result because the error was "harmless"
Weigner v. City of New York
852 F.2d 646 (2d Cir. 1988) Cited 194 times 1 Legal Analyses
Holding that due process does not require actual receipt of notice mailed; "Particularly where mailing is supplemented by other forms of notice such as posting or publication, the risk of non-receipt is constitutionally acceptable."
In re Painewebber Ltd. Partner. Litigation
147 F.3d 132 (2d Cir. 1998) Cited 135 times
Holding that the district court "reached the right conclusion when it declined to grant plaintiff an enlargement of the deadline date to opt out" and did not abuse its discretion by denying plaintiff's "motion to exclude himself from the Class nearly a year after the deadline to do so had expired"
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,128 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"
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,991 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1 - Trusts, etc., in restraint of trade illegal; penalty
15 U.S.C. § 1 Cited 2,932 times 70 Legal Analyses
Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"
Section 1 - Short title
7 U.S.C. § 1 Cited 946 times 34 Legal Analyses
Defining an FCM as, among other things and in pertinent part, an entity that is "engaged in soliciting or in accepting orders for the purchase or sale of a commodity for future delivery" or is registered as an FCM

In Re: Platinum and Palladium Commodities Litigation

29 Cited authorities

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

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"

Holding that "class certification is inappropriate where a putative class representative is subject to unique defenses which threaten to become the focus of the litigation"

Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant

Holding that assignees properly stood before the court "in the shoes of" class members as "assimilated members of the class."

Holding that a party can be ordered to produce documents that it has the legal right and practical ability to obtain from another

Holding that the failure to qualify for reliance presumption "typically renders trial unmanageable, precluding a finding that common issues predominate"

Finding that one of the district court's findings of fact was clearly erroneous, but upholding the result because the error was "harmless"

Holding that due process does not require actual receipt of notice mailed; "Particularly where mailing is supplemented by other forms of notice such as posting or publication, the risk of non-receipt is constitutionally acceptable."

Holding that the district court "reached the right conclusion when it declined to grant plaintiff an enlargement of the deadline date to opt out" and did not abuse its discretion by denying plaintiff's "motion to exclude himself from the Class nearly a year after the deadline to do so had expired"

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"

Defining what the terms “person” and “enterprise” include

Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

Defining an FCM as, among other things and in pertinent part, an entity that is "engaged in soliciting or in accepting orders for the purchase or sale of a commodity for future delivery" or is registered as an FCM