138 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,067 times 22 Legal Analyses
Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,087 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Kumho Tire Co. v. Carmichael
526 U.S. 137 (1999) Cited 12,586 times 28 Legal Analyses
Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,544 times 67 Legal Analyses
Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
Basic Inc. v. Levinson
485 U.S. 224 (1988) Cited 3,343 times 307 Legal Analyses
Holding that the District Court appropriately certified the class based on the presumption of reliance
Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
552 U.S. 148 (2008) Cited 1,181 times 80 Legal Analyses
Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"
Ernst Ernst v. Hochfelder
425 U.S. 185 (1976) Cited 3,484 times 39 Legal Analyses
Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
United States v. Powell
469 U.S. 57 (1984) Cited 2,042 times 4 Legal Analyses
Holding that a defendant can be convicted of telephone facilitation despite an acquittal on the predicate felony
Kansas v. Marsh
548 U.S. 163 (2006) Cited 332 times 3 Legal Analyses
Holding that the Eighth Amendment did not prohibit states from imposing the death penalty when mitigating and aggravating sentencing factors were found to be of equal weight
Oto v. Metropolitan Life Insurance
224 F.3d 601 (7th Cir. 2000) Cited 1,287 times
Holding that a manifest error "is not demonstrated by the disappointment of the losing party. It is the wholesale disregard, misapplication, or failure to recognize controlling precedent."
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,578 times 650 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,595 times 252 Legal Analyses
Adopting the Daubert standard
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,650 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Section 78j - Manipulative and deceptive devices
15 U.S.C. § 78j Cited 12,493 times 165 Legal Analyses
Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,446 times 48 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Rule 703 - Bases of an Expert's Opinion Testimony
Fed. R. Evid. 703 Cited 4,705 times 25 Legal Analyses
Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 3,977 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"
Rule 103 - Rulings on Evidence
Fed. R. Evid. 103 Cited 3,432 times 18 Legal Analyses
Holding that once a court makes a definitive ruling on the record to either admit or exclude evidence, at or before trial, a party need not renew an objection at trial to preserve any alleged error for appeal
Rule 49 - Special Verdict; General Verdict and Questions
Fed. R. Civ. P. 49 Cited 1,242 times 4 Legal Analyses
Noting that "a court may require a jury to return only a special verdict in the form of a special written finding on each of fact"
Section 240.10b-5 - Employment of manipulative and deceptive devices
17 C.F.R. § 240.10b-5 Cited 9,188 times 133 Legal Analyses
Holding liable any person who "make any untrue statement of material fact"

Jaffe v. Household Intl Inc, et al

138 Cited authorities

Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

Holding that the District Court appropriately certified the class based on the presumption of reliance

Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

Holding that a defendant can be convicted of telephone facilitation despite an acquittal on the predicate felony

Holding that the Eighth Amendment did not prohibit states from imposing the death penalty when mitigating and aggravating sentencing factors were found to be of equal weight

Holding that a manifest error "is not demonstrated by the disappointment of the losing party. It is the wholesale disregard, misapplication, or failure to recognize controlling precedent."

Adopting Fed.R.Civ.P. 37

Adopting the Daubert standard

Recognizing exception to rule against hearsay for records of regularly conducted activities

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

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

Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted

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"

Holding that once a court makes a definitive ruling on the record to either admit or exclude evidence, at or before trial, a party need not renew an objection at trial to preserve any alleged error for appeal

Noting that "a court may require a jury to return only a special verdict in the form of a special written finding on each of fact"

Holding liable any person who "make any untrue statement of material fact"