20 Cited authorities

  1. In re Drexel Burnham Lambert Group, Inc.

    960 F.2d 285 (2d Cir. 1992)   Cited 678 times   10 Legal Analyses
    Holding that Shutts did not require opt-out rights in a Rule 23(b)(B) class action because the plaintiffs had already submitted to the district court's jurisdiction by filing bankruptcy claims against the defendant
  2. In re Olsten Corp. Securities Litg.

    3 F. Supp. 2d 286 (E.D.N.Y. 1998)   Cited 161 times
    Consolidating cases with different, but overlapping, class periods
  3. In re eSpeed, Inc. Securities Litigation

    232 F.R.D. 95 (S.D.N.Y. 2005)   Cited 130 times
    Holding that "a group of unrelated investors should not be considered as lead plaintiff when that group would displace the institutional investor preferred by the PSLRA"
  4. Hargett v. Valley Federal Sav. Bank

    60 F.3d 754 (11th Cir. 1995)   Cited 120 times
    Holding that the plaintiff was not prejudiced by the district court's decision to allow the defendant to amend its answer to assert a statute of limitations defense late in the litigation process because the plaintiff "was placed on notice" earlier in the litigation process that the defendant "challenged the timeliness of the action"
  5. Weltz v. Lee

    199 F.R.D. 129 (S.D.N.Y. 2001)   Cited 65 times
    Concluding that a group of seven members was not "so cumbersome as to deliver the control of the litigation into the hands of the lawyers"
  6. Miller v. United States Postal Service

    729 F.2d 1033 (5th Cir. 1984)   Cited 101 times
    Reversing the district court for dismissing the second-filed case and remanding with instructions to consolidate the two cases for trial
  7. Primavera Familienstiftung v. Askin

    173 F.R.D. 115 (S.D.N.Y. 1997)   Cited 50 times
    Denying broker's and ACM's motion to dismiss Primavera's third amended complaint
  8. Internet Law Library, Inc. v. Southridge Capital Management, LLC

    208 F.R.D. 59 (S.D.N.Y. 2002)   Cited 26 times
    Finding that when a party institutes a second action based upon a compulsory counterclaim in a still pending action, courts can consolidate the two actions and realign the parties
  9. Fields v. Biomatrix, Inc.

    198 F.R.D. 451 (D.N.J. 2000)   Cited 19 times

    Investors brought multiple securities fraud class actions against corporation and individual officers. Institutional investor moved to consolidate actions, for its appointment as lead plaintiff, and for approval of its selection of lead counsel. The District Court, Bassler, J., consolidated actions and held that: (1) Court could sua sponte consider defendants' objections to institutional investor's appointment; (2) defendants were not entitled to discovery; and (3) fact that institutional investor

  10. Chisolm v. TranSouth Financial Corp.

    184 F.R.D. 556 (E.D. Va. 1999)   Cited 16 times
    Certifying class of consumers alleging RICO violations arising out of "churning" scheme in connection with financing of vehicles
  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,426 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,300 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,896 times   1234 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"
  14. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,234 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
  15. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,460 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
  16. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,669 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."
  17. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,255 times   85 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act
  18. Section 77z-1 - Private securities litigation

    15 U.S.C. § 77z-1   Cited 454 times   14 Legal Analyses
    Discussing "[t]otal attorneys' fees and expenses" that can be awarded by court
  19. Section 77z - Separability

    15 U.S.C. § 77z   Cited 94 times   2 Legal Analyses
    Creating a safe harbor for certain forward-looking statements