34 Cited authorities

Amchem Prods., Inc. v. Windsor
521 U.S. 591 (1997) Cited 6,988 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
Wal-Mart Stores, Inc. v. Visa U.S.A., Inc.
396 F.3d 96 (2d Cir. 2005) Cited 759 times 1 Legal Analyses
Holding that decision to grant or reject objector's motion for discovery regarding fairness of settlement depended on "whether or not the District Court had before it sufficient facts intelligently to approve the settlement offer"
Goldberger v. Integrated Resources, Inc.
209 F.3d 43 (2d Cir. 2000) Cited 873 times
Holding that risk must be measured at the time the lawsuit is filed
In re Warfarin Sodium Antitrust Litigation
391 F.3d 516 (3d Cir. 2004) Cited 671 times 7 Legal Analyses
Holding that TPPs had standing to assert antitrust claims because they suffered “direct and independent harm” as a result of paying supracompetitive prices for the defendant's drug regardless of any injury suffered by the consumer plaintiffs
Officers for Justice v. Civil Serv. Comm'n
688 F.2d 615 (9th Cir. 1982) Cited 1,133 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"
City of Detroit v. Grinnell Corporation
495 F.2d 448 (2d Cir. 1974) Cited 1,395 times
Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant
Sykes v. Mel S. Harris & Assocs. LLC
780 F.3d 70 (2d Cir. 2015) Cited 287 times 1 Legal Analyses
Holding that though plaintiffs complained of defendants’ conduct in creating a default judgment mill that would end in a state-court judgment, that judgment was a mere ratification
Johnson v. Brennan
No. 10 Civ. 4712 (CM) (S.D.N.Y. Sep. 16, 2011) Cited 222 times
Approving $10,000 service awards from $440,000 settlement fund
Weinberger v. Kendrick
698 F.2d 61 (2d Cir. 1982) Cited 489 times 1 Legal Analyses
Holding that a "clearer showing of a settlement's fairness, reasonableness and adequacy" is required for a settlement reached "prior to class certification," though "we have long recognized that a district court's disposition of a proposed class action settlement should be accorded considerable deference"
County of Suffolk v. Long Island Lighting Co.
907 F.2d 1295 (2d Cir. 1990) Cited 363 times
Holding that the district court could not abstain under Burford where all claims were federal
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,128 times 1237 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"
Rule 68 - Offer of Judgment
Fed. R. Civ. P. 68 Cited 3,876 times 163 Legal Analyses
Granting costs incurred after plaintiff rejected less favorable offer by defendant

Sykes v. Mel S. Harris and Associates LLC et al

34 Cited authorities

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

Holding that decision to grant or reject objector's motion for discovery regarding fairness of settlement depended on "whether or not the District Court had before it sufficient facts intelligently to approve the settlement offer"

Holding that risk must be measured at the time the lawsuit is filed

Holding that TPPs had standing to assert antitrust claims because they suffered “direct and independent harm” as a result of paying supracompetitive prices for the defendant's drug regardless of any injury suffered by the consumer plaintiffs

Holding a settlement must stand or fall in its entirety because a district court cannot "delete, modify or substitute certain provisions"

Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant

Holding that though plaintiffs complained of defendants’ conduct in creating a default judgment mill that would end in a state-court judgment, that judgment was a mere ratification

Approving $10,000 service awards from $440,000 settlement fund

Holding that the district court could not abstain under Burford where all claims were federal

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"

Granting costs incurred after plaintiff rejected less favorable offer by defendant