28 Cited authorities

Harvest v. Castro
531 F.3d 737 (9th Cir. 2008) Cited 1,017 times
Holding that a conditional writ of habeas corpus “quite clearly involves the supervision of changing conduct or conditions”
Naacp v. New York
413 U.S. 345 (1973) Cited 642 times
Holding that intervenor was constructively notified of a lawsuit because of newspaper articles about the case and the intervenor's interest in related issues
Parsons v. Ryan
754 F.3d 657 (9th Cir. 2014) Cited 469 times
Holding that the "policies and practices to which all members of the class are subjected . . . are the 'glue' that holds together the putative class . . . either each of the policies and practices is unlawful as to every inmate or it is not"
United Airlines, Inc. v. McDonald
432 U.S. 385 (1977) Cited 400 times 5 Legal Analyses
Holding that a litigant cannot claim "unfair prejudice" when one person takes over an appeal from another
In re Cavanaugh
306 F.3d 726 (9th Cir. 2002) Cited 348 times
Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff
U.S. v. Alpine Land Reservoir, Co.
984 F.2d 1047 (9th Cir. 1993) Cited 410 times 1 Legal Analyses
Holding that Rule 60(b) "is to be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment"
Lal v. California
610 F.3d 518 (9th Cir. 2010) Cited 232 times
Holding “an attorney's gross negligence resulting in dismissal with prejudice for failure to prosecute constitutes an “extraordinary circumstance” under Rule 60(b) warranting relief from judgment”
Weeks v. Bayer
246 F.3d 1231 (9th Cir. 2001) Cited 248 times
Holding that an action is not properly reopened "absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law."
County of Orange v. Air California
799 F.2d 535 (9th Cir. 1986) Cited 182 times
Holding that the district court did not abuse its discretion in recognizing the potential for prejudice to the other parties from the possibility of the settlement unraveling by allowing a party to intervene after a final settlement had been reached after five years of litigation
Lindauer v. Rogers
91 F.3d 1355 (9th Cir. 1996) Cited 112 times
Holding that "a motion to amend the complaint can only be entertained if the judgment is first reopened under [Federal] Rule [of Civil Procedure] 59 or 60"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,180 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
Rule 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 53,853 times 147 Legal Analyses
Granting relief from the operation of a judgment
Rule 24 - Intervention
Fed. R. Civ. P. 24 Cited 9,205 times 35 Legal Analyses
Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,494 times 49 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Robert Read v. Amira Nature Foods Ltd. et al

28 Cited authorities

Holding that a conditional writ of habeas corpus “quite clearly involves the supervision of changing conduct or conditions”

Holding that intervenor was constructively notified of a lawsuit because of newspaper articles about the case and the intervenor's interest in related issues

Holding that the "policies and practices to which all members of the class are subjected . . . are the 'glue' that holds together the putative class . . . either each of the policies and practices is unlawful as to every inmate or it is not"

Holding that a litigant cannot claim "unfair prejudice" when one person takes over an appeal from another

Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff

Holding that Rule 60(b) "is to be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment"

Holding “an attorney's gross negligence resulting in dismissal with prejudice for failure to prosecute constitutes an “extraordinary circumstance” under Rule 60(b) warranting relief from judgment”

Holding that an action is not properly reopened "absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law."

Holding that the district court did not abuse its discretion in recognizing the potential for prejudice to the other parties from the possibility of the settlement unraveling by allowing a party to intervene after a final settlement had been reached after five years of litigation

Holding that "a motion to amend the complaint can only be entertained if the judgment is first reopened under [Federal] Rule [of Civil Procedure] 59 or 60"

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

Granting relief from the operation of a judgment

Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party