25 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 5,357 times   495 Legal Analyses
    Holding 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”
  2. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,097 times   68 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
  3. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc.

    396 F.3d 96 (2d Cir. 2005)   Cited 571 times   1 Legal Analyses
    Holding that a "'presumption of fairness, adequacy, and reasonableness may attach to a class settlement reached in arm's-length negotiations between experienced, capable counsel after meaningful discovery.'" (quoting Manual for Complex Litigation (Third) § 30.42)
  4. Denney v. Deutsche Bank AG

    443 F.3d 253 (2d Cir. 2006)   Cited 457 times   9 Legal Analyses
    Holding "no class may be certified that contains members lacking Article III standing"
  5. Consol. Rail Corp. v. Town of Hyde Park

    47 F.3d 473 (2d Cir. 1995)   Cited 646 times   2 Legal Analyses
    Holding that "numerosity is presumed at a level of 40 members"
  6. D'Amato v. Deutsche Bank

    236 F.3d 78 (2d Cir. 2001)   Cited 358 times
    Holding that the district court properly concluded that 18 objections from a class of 27,883 weighed in favor of settlement
  7. In re Flag Telecom Holdings

    574 F.3d 29 (2d Cir. 2009)   Cited 273 times   1 Legal Analyses
    Holding that plaintiffs' evidence of news events and the expert's event study did not provide sufficient evidence of causation
  8. Weinberger v. Kendrick

    698 F.2d 61 (2d Cir. 1982)   Cited 465 times   1 Legal Analyses
    Holding 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"
  9. In re Omnivision Technologies, Inc.

    559 F. Supp. 2d 1036 (N.D. Cal. 2008)   Cited 185 times
    Holding that a class member lacked standing to object to a settlement because he did not show that the defendant caused him any injury
  10. In re Global Crossing Securities and Erisa Litigation

    225 F.R.D. 436 (S.D.N.Y. 2004)   Cited 189 times
    Finding 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”
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 28,535 times   1151 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"
  12. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 1,936 times   64 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing