§Why CasetextPricing

Leech v. Brooks Automation, Inc. et al

MEMORANDUM in Support re MOTION Preliminary Approval of Settlement, Conditional Certification of Class, Approval of Notice Plan, and Setting of Settlement Fairness Hearing

29 Cited authorities

  1. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,937 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. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,291 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"

  3. In re Gen. Motors Corp. Pick-Up Truck Fuel Tank

    55 F.3d 768 (3d Cir. 1995)   Cited 1,135 times   4 Legal Analyses
    Holding that nothing in Rule 23 "can be read to authorize separate, liberalized criteria for settlement classes"

  4. Smilow v. Sw. Bell Mobile Sys. Inc.

    323 F.3d 32 (1st Cir. 2003)   Cited 372 times   2 Legal Analyses
    Holding common issues of law and fact predominate where "case turns on interpretation of form contract, executed by all class members and defendant"

  5. Guckenberger v. Boston University

    957 F. Supp. 306 (D. Mass. 1997)   Cited 172 times
    Holding that a college president “operated” the institution where the president helped to develop discriminatory policies

  6. Harris v. Palm Springs Alpine Estates, Inc.

    329 F.2d 909 (9th Cir. 1964)   Cited 365 times
    Stating that, in assessing impracticability, the court should consider "the expense and burden to the parties and the court"

  7. McCuin v. Secretary of Health Human Services

    817 F.2d 161 (1st Cir. 1987)   Cited 118 times
    Finding federal question jurisdiction under Part A

  8. In re Lupron Marketing Sales Practices Litig

    228 F.R.D. 75 (D. Mass. 2005)   Cited 58 times
    Holding that attorney's fees shall not exceed 30% of the settlement fund

  9. In re Prudential Securities Inc. Ltd. Partnerships Litigation

    163 F.R.D. 200 (S.D.N.Y. 1995)   Cited 72 times
    Granting class certification

  10. In re AremisSoft Corp. Securities Litigation

    210 F.R.D. 109 (D.N.J. 2002)   Cited 57 times
    Approving 28% fee, resulting in 4.3 multiplier

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,659 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,829 times   1232 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"

  13. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,017 times   126 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,442 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party