11 Cited authorities

Hanon v. Dataproducts Corp.
976 F.2d 497 (9th Cir. 1992) Cited 1,635 times 1 Legal Analyses
Holding that the defendants' statements emphasizing superior quality were material because "a reasonable jury could conclude that [the company] publicly released optimistic statements ... when it knew [its product] could not be built reliably"
Johnson v. Celotex Corp.
899 F.2d 1281 (2d Cir. 1990) Cited 559 times 1 Legal Analyses
Finding that "courts have taken the view that considerations of judicial economy favor consolidation"
In re Cavanaugh
306 F.3d 726 (9th Cir. 2002) Cited 354 times
Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff
In re Northern Dist. of Cal., Dalkon Shield
693 F.2d 847 (9th Cir. 1982) Cited 290 times
Holding district court erroneously certified class where manufacturer advertised in various medical journals and trade-show advertisements to different doctors
Takeda v. Turbodyne Technologies, Inc.
67 F. Supp. 2d 1129 (C.D. Cal. 1999) Cited 49 times
Finding slightly different class periods do not preclude a finding of typicality because varying class periods may be harmonized
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,129 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,573 times 1241 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 78j - Manipulative and deceptive devices
15 U.S.C. § 78j Cited 12,638 times 166 Legal Analyses
Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,422 times 24 Legal Analyses
Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,592 times 52 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 4,022 times 20 Legal Analyses
Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

In Re Sunpower Securities Litigation (Plichta v. Sunpower Corporation et al)

11 Cited authorities

Holding that the defendants' statements emphasizing superior quality were material because "a reasonable jury could conclude that [the company] publicly released optimistic statements ... when it knew [its product] could not be built reliably"

Finding that "courts have taken the view that considerations of judicial economy favor consolidation"

Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff

Holding district court erroneously certified class where manufacturer advertised in various medical journals and trade-show advertisements to different doctors

Finding slightly different class periods do not preclude a finding of typicality because varying class periods may be harmonized

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

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"

Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"