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Rieckborn v. Velti plc et al

MOTION for Settlement Lead Plaintiff's Notice of Motion and Motion for Preliminary Approval of Partial Settlement; Memorandum of Points and Authorities In Support Thereof

50 Cited authorities

  1. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 7,207 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. Erica P. John Fund, Inc. v. Halliburton Co.

    563 U.S. 804 (2011)   Cited 798 times   54 Legal Analyses
    Holding that a plaintiff need not prove loss causation in order to obtain class certification

  3. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,158 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"

  4. Boeing Co. v. Van Gemert

    444 U.S. 472 (1980)   Cited 1,062 times   3 Legal Analyses
    Holding that the district court properly assessed attorney's fees based on the total fund available to the prevailing class rather than the amount actually recovered

  5. Hanon v. Dataproducts Corp.

    976 F.2d 497 (9th Cir. 1992)   Cited 1,680 times   1 Legal Analyses
    Holding that the defendants' statements emphasizing superior quality were material because "a reasonable jury could conclude that [the company] publicly released optimistic statements ... when it knew [its product] could not be built reliably"

  6. Vizcaino v. Microsoft Corp.

    290 F.3d 1043 (9th Cir. 2002)   Cited 1,120 times   1 Legal Analyses
    Holding state law governing underlying claims in a diversity action “also governs the award of fees”

  7. Dunleavy v. Nadler

    213 F.3d 454 (9th Cir. 2000)   Cited 904 times   1 Legal Analyses
    Holding that the district court did not abuse its discretion in awarding an incentive award to the class representatives

  8. Churchill Village v. General Electric

    361 F.3d 566 (9th Cir. 2004)   Cited 782 times   1 Legal Analyses
    Holding that approval of a settlement that received 45 objections and 500 opt-outs out of 90,000 class members was proper

  9. Officers for Justice v. Civil Serv. Comm'n

    688 F.2d 615 (9th Cir. 1982)   Cited 1,171 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"

  10. In re Tableware Antitrust Litigation

    484 F. Supp. 2d 1078 (N.D. Cal. 2007)   Cited 509 times
    Holding that this factor militates in favor of settlement approval

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,554 times   1266 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 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,866 times   167 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,806 times   54 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  14. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,154 times   86 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  15. Section 77 - Discrimination against neutral Americans in time of war

    15 U.S.C. § 77   Cited 1,817 times   12 Legal Analyses
    Granting right of recovery to " any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission)"

  16. Section 77a - Short title

    15 U.S.C. § 77a   Cited 1,248 times   30 Legal Analyses
    Titling act

  17. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,469 times   136 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"