§Why CasetextPricing

Strack v. Frey

MEMORANDUM OF LAW in Support re:

43 Cited authorities

  1. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,940 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. Eisen v. Carlisle Jacquelin

    417 U.S. 156 (1974)   Cited 3,760 times   22 Legal Analyses
    Holding that individual notice to class members identifiable through reasonable efforts is mandatory in (b) actions

  3. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,295 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"

  4. Deposit Guaranty Nat. Bank v. Roper

    445 U.S. 326 (1980)   Cited 985 times   23 Legal Analyses
    Holding that denial of class certification is appealable after entry of final judgment

  5. In re Prudential Insurance Company

    148 F.3d 283 (3d Cir. 1998)   Cited 1,365 times   8 Legal Analyses
    Holding the district court acted well within its discretion in denying an objector's request for discovery where the objector was able to present his arguments to the court during the fairness hearing and where the court found the objector "had ample opportunity to avail himself of the substantial discovery provided to Lead Counsel but failed to do so, and that additional discovery was unnecessary because [the objector] focused primarily on legal issues"

  6. Newton v. Merrill Lynch, Pierce, Fenner, Smith

    259 F.3d 154 (3d Cir. 2001)   Cited 749 times   9 Legal Analyses
    Holding that typicality was satisfied because the claims of each class member rested on a securities violation resulting from a uniform course of conduct even though each class member may be required to offer individual proof of damages

  7. Wal-Mart Stores, Inc. v. Visa U.S.A. Inc.

    280 F.3d 124 (2d Cir. 2001)   Cited 674 times   7 Legal Analyses
    Holding that refusal to certify a class "on the sole ground that it would be unmanageable is disfavored and ‘should be the exception rather than the rule’ " (quoting In re S. Cent. States Bakery Prods. Antitrust Litig. , 86 F.R.D. 407, 423 (M.D. La. 1980) )

  8. Robinson v. Metro-North Commuter R.R. Co.

    267 F.3d 147 (2d Cir. 2001)   Cited 664 times   3 Legal Analyses
    Holding compensatory or punitive damages sometimes permissible under Rule 23(b)

  9. Robidoux v. Celani

    987 F.2d 931 (2d Cir. 1993)   Cited 873 times   2 Legal Analyses
    Holding that recipients of public assistance challenging delays by the Vermont Department of Social Welfare could proceed under the "inherently transitory" exception in part because "the Department will almost always be able to process a delayed application before a plaintiff can obtain relief through litigation"

  10. 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”

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,858 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 1407 - Multidistrict litigation

    28 U.S.C. § 1407   Cited 7,050 times   104 Legal Analyses
    Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts