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Nunez v. N.Y.C. Department of Correction et al

MEMORANDUM OF LAW in Support re: 207 MOTION to Approve Consent Judgment , approving the content and method of distribution of the notice to the class, setting dates for the process leading up to and including the Fairness Hearing, and revising the definition of the certified class as . Document

23 Cited authorities

  1. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc.

    396 F.3d 96 (2d Cir. 2005)   Cited 760 times   1 Legal Analyses
    Holding 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"

  2. Goldberger v. Integrated Resources, Inc.

    209 F.3d 43 (2d Cir. 2000)   Cited 873 times
    Holding that risk must be measured at the time the lawsuit is filed

  3. City of Detroit v. Grinnell Corporation

    495 F.2d 448 (2d Cir. 1974)   Cited 1,395 times
    Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant

  4. D'Amato v. Deutsche Bank

    236 F.3d 78 (2d Cir. 2001)   Cited 412 times
    Holding that the district court properly concluded that 18 objections from a class of 27,883 weighed in favor of settlement

  5. Weinberger v. Kendrick

    698 F.2d 61 (2d Cir. 1982)   Cited 489 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"

  6. In re Global Crossing Securities and Erisa Litigation

    225 F.R.D. 436 (S.D.N.Y. 2004)   Cited 224 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”

  7. In re Austrian German Bank Holocaust Litigation

    80 F. Supp. 2d 164 (S.D.N.Y. 2000)   Cited 195 times
    Finding a small number of objectors "indicative of the adequacy of the settlement"

  8. Benjamin v. Fraser

    343 F.3d 35 (2d Cir. 2003)   Cited 169 times
    Holding "the presence of large numbers of inoperable windows, clogged or dirty ventilation registers and exhaust vents in showers and cells, and poor air quality" was a violation of the plaintiffs' constitutional rights

  9. In re Traffic Executive Ass'n — E. Railroads

    627 F.2d 631 (2d Cir. 1980)   Cited 117 times
    Denying writ where district court disapproved settlement agreement, noting that "[t]he likelihood that class members will find it tedious and time consuming to prove their losses does not make this an out-of-the-ordinary case"

  10. In re Nasdaq Market-Makers Antitrust Litigation

    176 F.R.D. 99 (S.D.N.Y. 1997)   Cited 70 times

    In ongoing antitrust litigation against leading market-makers on computerized securities quotations system, plaintiff class of individuals and institutional investors moved for preliminary approval of settlement agreement with six defendants. Motion was opposed by certain non-settling defendants with respect to one settling defendant only. The District Court, Sweet, J., held that: (1) proposed agreements met standards for preliminary approval; (2) provisions of proposed agreements could not convey

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,135 times   1237 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 3626 - Appropriate remedies with respect to prison conditions

    18 U.S.C. § 3626   Cited 4,514 times   8 Legal Analyses
    Recognizing preliminary injunctive relief must be narrowly drawn, extend no further than necessary to correct the harm, and be the least intrusive means necessary to correct that harm

  13. Section 1997 - Definitions

    42 U.S.C. § 1997   Cited 2,454 times   2 Legal Analyses
    Requiring exhaustion of "such administrative remedies as are available"

  14. Section 1715 - Notifications to appropriate Federal and State officials

    28 U.S.C. § 1715   Cited 1,241 times   21 Legal Analyses
    Providing list of information required to be included with the CAFA notice

  15. Section 14141 - Transferred

    42 U.S.C. § 14141   Cited 271 times   2 Legal Analyses
    Authorizing Attorney General to investigate and, if warranted, file civil litigation to eliminate a “pattern or practice of conduct by law enforcement officers . . . that deprives persons of right, privileges, or immunities secured or protected by the Constitution or laws of the United States”