Wal-Mart Stores, Inc. v. Dukes
564 U.S. 338 (2011) Cited 6,609 times 504 Legal AnalysesHolding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
Amchem Prods., Inc. v. Windsor
521 U.S. 591 (1997) Cited 6,930 times 69 Legal AnalysesHolding 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 754 times 1 Legal AnalysesHolding 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"
Denney v. Deutsche Bank AG
443 F.3d 253 (2d Cir. 2006) Cited 597 times 9 Legal AnalysesHolding "no class may be certified that contains members lacking Article III standing"
Consol. Rail Corp. v. Town of Hyde Park
47 F.3d 473 (2d Cir. 1995) Cited 744 times 2 Legal AnalysesHolding that "numerosity is presumed at a level of 40 members"
In re Flag Telecom Holdings
574 F.3d 29 (2d Cir. 2009) Cited 353 times 1 Legal AnalysesHolding that plaintiffs' evidence of news events and the expert's event study did not provide sufficient evidence of causation
D'Amato v. Deutsche Bank
236 F.3d 78 (2d Cir. 2001) Cited 410 timesHolding that the district court properly concluded that 18 objections from a class of 27,883 weighed in favor of settlement
In re Omnivision Technologies, Inc.
559 F. Supp. 2d 1036 (N.D. Cal. 2008) Cited 251 timesHolding that a class member lacked standing to object to a settlement because he did not show that the defendant caused him any injury
Weinberger v. Kendrick
698 F.2d 61 (2d Cir. 1982) Cited 486 times 1 Legal AnalysesHolding that a "clearer showing of a settlement's fairness, reasonableness and adequacy" is required for a settlement reached "prior to class certification," though "we have long recognized that a district court's disposition of a proposed class action settlement should be accorded considerable deference"
In re Global Crossing Securities and Erisa Litigation
225 F.R.D. 436 (S.D.N.Y. 2004) Cited 222 timesFinding on facts of that case that “when judged against the realistic, rather than theoretical, potential for recovery after trial, the settlement amount is extremely beneficial”
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,802 times 1232 Legal AnalysesHolding 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 77k - Civil liabilities on account of false registration statement
15 U.S.C. § 77k Cited 2,111 times 80 Legal AnalysesHolding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing