25 Cited authorities

Commercial Space Management Co. v. Boeing Co.
193 F.3d 1074 (9th Cir. 1999) Cited 713 times
Finding that it is "beyond debate that a dismissal under Rule 41 is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can't complain, and the district court lacks jurisdiction to do anything about it"
In re Cavanaugh
306 F.3d 726 (9th Cir. 2002) Cited 346 times
Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff
DeAngelis v. Corzine
982 F. Supp. 2d 277 (S.D.N.Y. 2013) Cited 94 times 1 Legal Analyses
Holding that allegations that a named plaintiff "purchased or otherwise acquired stock from" defendant underwriters "pursuant to the Secondary Offering Materials," was sufficient, on motion to dismiss
In re Network Associates, Inc., Securities Litigation
76 F. Supp. 2d 1017 (N.D. Cal. 1999) Cited 110 times
Holding that "lead plaintiff owes a fiduciary duty to obtain the highest quality legal representation at the lowest price"
In re Bank of America Corp. Securities, Derivative and Erisa Litigation
258 F.R.D. 260 (S.D.N.Y. 2009) Cited 55 times
Rejecting argument that lead plaintiff would prioritize Section 10(b) claims over Section 14 claims, as "no actual conflict of interest has been shown"
In re Fuwei Films Securities Litigation
247 F.R.D. 432 (S.D.N.Y. 2008) Cited 56 times
Setting forth elements of the Lax test
In re McKesson HBOC, Inc. Securities Litigation
97 F. Supp. 2d 993 (N.D. Cal. 1999) Cited 33 times
Holding that it was inappropriate to count losses or profits by "in-and-out" traders and assuming a constant fraud premium despite movant's argument that partial disclosures may have begun seeping into the pool of information available to the investors
Edwards-Brown v. Crete-Monee 201-U Sch. Dist.
491 F. App'x 744 (7th Cir. 2012) Cited 17 times
Noting that "the district court properly construed [plaintiff's] 'motion' for voluntary dismissal as a notice of voluntary dismissal under Rule 41" and that " voluntary dismissal filed before any responsive pleading is filed is self-executing and automatically effects dismissal of the case." A court order granting any such motion is, therefore, "superfluous" and the effective date of dismissal of the suit is the date the notice of voluntary dismissal is filed
Nicolow v. Hewlett Packard Co.
No. 13- 00301 CRB (N.D. Cal. Mar. 4, 2013) Cited 14 times
Declining to appoint an executive committee
In re Comdisco Securities Litigation
150 F. Supp. 2d 943 (N.D. Ill. 2001) Cited 26 times
Rejecting application of FIFO methodology and finding that net seller's transactions during the class period "caused it to derive unwitting benefits rather than true losses from the alleged securities fraud"
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 107,413 times 195 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
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"
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

Nicolow v. Hewlett-Packard Company et al

25 Cited authorities

Finding that it is "beyond debate that a dismissal under Rule 41 is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can't complain, and the district court lacks jurisdiction to do anything about it"

Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff

Holding that allegations that a named plaintiff "purchased or otherwise acquired stock from" defendant underwriters "pursuant to the Secondary Offering Materials," was sufficient, on motion to dismiss

Holding that "lead plaintiff owes a fiduciary duty to obtain the highest quality legal representation at the lowest price"

Rejecting argument that lead plaintiff would prioritize Section 10(b) claims over Section 14 claims, as "no actual conflict of interest has been shown"

Setting forth elements of the Lax test

Holding that it was inappropriate to count losses or profits by "in-and-out" traders and assuming a constant fraud premium despite movant's argument that partial disclosures may have begun seeping into the pool of information available to the investors

Declining to appoint an executive committee

Rejecting application of FIFO methodology and finding that net seller's transactions during the class period "caused it to derive unwitting benefits rather than true losses from the alleged securities fraud"

Holding that such dismissal "operates as an adjudication on the merits"

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"

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