59 Cited authorities

  1. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,939 times   69 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
  2. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,666 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  3. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,110 times   14 Legal Analyses
    Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"
  4. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,047 times   16 Legal Analyses
    Holding that " common nucleus of facts and potential legal remedies dominate[d]" over "idiosyncratic differences between state consumer protection laws" where a nationwide class of minivan buyers’ claims turned on "questions of [the manufacturer’s] prior knowledge of the [vehicle’s] deficiency, the design defect, and a damages remedy"
  5. Staton v. Boeing Co.

    327 F.3d 938 (9th Cir. 2003)   Cited 1,920 times   6 Legal Analyses
    Holding that "named plaintiffs ... are eligible for reasonable incentive payments" in addition to reimbursement "for their substantiated litigation expenses, and identifiable services rendered to the class directly under the supervision of class counsel"
  6. Dunleavy v. Nadler

    213 F.3d 454 (9th Cir. 2000)   Cited 862 times   1 Legal Analyses
    Holding that the district court did not abuse its discretion in awarding an incentive award to the class representatives
  7. Armstrong v. Davis

    275 F.3d 849 (9th Cir. 2001)   Cited 746 times   3 Legal Analyses
    Holding that " Garrett makes clear that . . . there is no barrier to the injunction against Nielson in his official capacity as Secretary of the Board [under the ADA]."
  8. Marisol A. v. Giuliani

    126 F.3d 372 (2d Cir. 1997)   Cited 739 times
    Holding that the district court did not abuse its discretion in certifying the class but suggesting that prior to trial the district court “ensure that appropriate subclasses are identified”
  9. Keele v. Wexler

    149 F.3d 589 (7th Cir. 1998)   Cited 664 times   1 Legal Analyses
    Holding plaintiff had Article III standing where defendant tried to collect an illegal collection fee, even if plaintiff did not pay the fee
  10. Officers for Justice v. Civil Serv. Comm'n

    688 F.2d 615 (9th Cir. 1982)   Cited 1,121 times   2 Legal Analyses
    Holding a settlement must stand or fall in its entirety because a district court cannot "delete, modify or substitute certain provisions"
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,840 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"
  12. Section 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,383 times   174 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
  13. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,251 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
  14. Section 105 - Power of court

    11 U.S.C. § 105   Cited 9,410 times   73 Legal Analyses
    Granting the court powers as appropriate to carry out the Code
  15. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,822 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"
  16. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,488 times   9 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"