25 Cited authorities

  1. Commercial Space Management Co. v. Boeing Co.

    193 F.3d 1074 (9th Cir. 1999)   Cited 473 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"
  2. In re Cavanaugh

    306 F.3d 726 (9th Cir. 2002)   Cited 261 times
    Observing that the "Reform Act clearly leaves the choice of class counsel in the hands of the lead plaintiff
  3. DeAngelis v. Corzine

    982 F. Supp. 2d 277 (S.D.N.Y. 2013)   Cited 71 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
  4. In re Network Associates, Inc., Securities Litigation

    76 F. Supp. 2d 1017 (N.D. Cal. 1999)   Cited 96 times
    Holding that "lead plaintiff owes a fiduciary duty to obtain the highest quality legal representation at the lowest price"
  5. In re Bank of America Corp. Securities, Derivative and Erisa Litigation

    258 F.R.D. 260 (S.D.N.Y. 2009)   Cited 47 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"
  6. In re Fuwei Films Securities Litigation

    247 F.R.D. 432 (S.D.N.Y. 2008)   Cited 37 times
    Setting forth elements of the Lax test
  7. In re McKesson HBOC, Inc. Securities Litigation

    97 F. Supp. 2d 993 (N.D. Cal. 1999)   Cited 27 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
  8. In re Comdisco Securities Litigation

    150 F. Supp. 2d 943 (N.D. Ill. 2001)   Cited 25 times
    Finding a pension fund "out of the running for designation of lead plaintiff" because it "derived a net gain of almost $300,000 . . . from its purchases and sales during the Class Period"
  9. Edwards-Brown v. Crete-Monee 201-U Sch. Dist.

    491 F. App'x 744 (7th Cir. 2012)   Cited 13 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
  10. Nicolow v. Hewlett Packard Co.

    No. 13- 00301 CRB (N.D. Cal. Mar. 4, 2013)   Cited 10 times
    Declining to appoint an executive committee
  11. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 72,998 times   111 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 28,310 times   1149 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. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 6,352 times   42 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party