All State & Fed.
Richman v. Goldman Sachs Group, Inc. et al
MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint Montana Board of Investments, Metzler Investment GmbH, Sampension KP Livsforsikring A/S to serve as lead plaintiff
Hevesi v. Citigroup Inc.
366 F.3d 70 (2d Cir. 2004)
Cited 120 times
2 Legal Analyses
Holding that plaintiffs fail to establish predominance requirement if they are not entitled to presumption of reliance
In re eSpeed, Inc. Securities Litigation
232 F.R.D. 95 (S.D.N.Y. 2005)
Cited 103 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"
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"
Constance Sczesny Trust v. KPMG LLP
223 F.R.D. 319 (S.D.N.Y. 2004)
Cited 62 times
Noting that the court has discretion to appoint more than one lead plaintiff and t aggregate losses suffered by a court-appointed group of investors
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"
Sgalambo v. McKenzie
268 F.R.D. 170 (S.D.N.Y. 2010)
Cited 26 times
Holding plaintiff seeking lead plaintiff status need only make “preliminary showing” that it will satisfy the typicality and adequacy requirements of Rule 23
In re Tronox, Inc. Securities Litigation
262 F.R.D. 338 (S.D.N.Y. 2009)
Cited 25 times
Finding that purchases following partial corrective disclosures that do not “sufficiently correct ... prior false and misleading statements” do not render proposed lead plaintiff atypical.
In re Doral Financial Corp. Securities Litigation
414 F. Supp. 2d 398 (S.D.N.Y. 2006)
Cited 27 times
Holding that a 17% difference in losses was "roughly equal"
Makor Issues & Rights, Ltd. v. Tellabs, Inc.
256 F.R.D. 586 (N.D. Ill. 2009)
Cited 22 times
Holding that arguments that an intermediate statement revealed the truth and undermined the presumption of reliance after that date was a question on the merits that did not impact the predominance inquiry
In re Critical Path, Inc. Securities Litigation
156 F. Supp. 2d 1102 (N.D. Cal. 2001)
Cited 31 times
Finding net shares purchased "determinative" of financial interest
Rule 23 - Class Actions
Fed. R. Civ. P. 23
Cited 28,069 times
1148 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 6,294 times
42 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party