54 Cited authorities

Shady Grove Orthopedic v. Allstate Ins. Co.
559 U.S. 393 (2010) Cited 1,162 times 44 Legal Analyses
Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"
Eisen v. Carlisle Jacquelin
417 U.S. 156 (1974) Cited 3,766 times 22 Legal Analyses
Holding that individual notice to class members identifiable through reasonable efforts is mandatory in (b) actions
Merck Co. v. Reynolds
559 U.S. 633 (2010) Cited 665 times 19 Legal Analyses
Holding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely
Merrill v. Dabit
547 U.S. 71 (2006) Cited 671 times 43 Legal Analyses
Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act
Lampf v. Gilbertson
501 U.S. 350 (1991) Cited 1,114 times 6 Legal Analyses
Holding comparable bar not subject to equitable tolling
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,124 times 162 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
Smith v. Bayer Corp.
564 U.S. 299 (2011) Cited 484 times 46 Legal Analyses
Holding plaintiff’s claim could not be enjoined because he was not a party to prior action
Crown, Cork Seal Co. v. Parker
462 U.S. 345 (1983) Cited 1,108 times 54 Legal Analyses
Holding that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class until a class certification decision is made
Rombach v. Chang
355 F.3d 164 (2d Cir. 2004) Cited 1,391 times 5 Legal Analyses
Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
Emergent Capital Inv. v. Stonepath Group, Inc.
343 F.3d 189 (2d Cir. 2003) Cited 483 times 2 Legal Analyses
Holding that, in a material misstatement or omission securities fraud action, plaintiffs must allege a price correction to adequately plead loss causation
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,229 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 24 - Intervention
Fed. R. Civ. P. 24 Cited 9,209 times 35 Legal Analyses
Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
Section 1407 - Multidistrict litigation
28 U.S.C. § 1407 Cited 7,069 times 105 Legal Analyses
Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts
Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress
28 U.S.C. § 1658 Cited 2,384 times 41 Legal Analyses
Holding that the state-law tort period controls § 1983 actions
Section 2072 - Rules of procedure and evidence; power to prescribe
28 U.S.C. § 2072 Cited 1,813 times 37 Legal Analyses
Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
Section 77m - Limitation of actions
15 U.S.C. § 77m Cited 955 times 29 Legal Analyses
Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"
Section 78bb - Effect on existing law
15 U.S.C. § 78bb Cited 907 times 30 Legal Analyses
Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933
Section 77p - Additional remedies; limitation on remedies
15 U.S.C. § 77p Cited 449 times 16 Legal Analyses
Allowing certain securities class actions to be removed to federal court

Lord Abbett Affiliated Fund, Inc et al v. American International Group, Inc. et al

54 Cited authorities

Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"

Holding that individual notice to class members identifiable through reasonable efforts is mandatory in (b) actions

Holding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely

Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

Holding comparable bar not subject to equitable tolling

Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

Holding plaintiff’s claim could not be enjoined because he was not a party to prior action

Holding that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class until a class certification decision is made

Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

Holding that, in a material misstatement or omission securities fraud action, plaintiffs must allege a price correction to adequately plead loss causation

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

Holding that the state-law tort period controls § 1983 actions

Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases

Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"

Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

Allowing certain securities class actions to be removed to federal court