29 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,637 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
  2. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,954 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
  3. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,232 times   232 Legal Analyses
    Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"
  4. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,673 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  5. Hanover Shoe v. United Shoe Machinery Corp.

    392 U.S. 481 (1968)   Cited 791 times   15 Legal Analyses
    Holding that an antitrust defendant could not argue that a plaintiff who had purchased a product directly from the defendant was not injured because it had passed on the illegal overcharge to its own customers, thus creating a regime under which plaintiffs can arguably recover more than "threefold the damages by him sustained"
  6. Nelson v. Adams USA, Inc.

    529 U.S. 460 (2000)   Cited 253 times   1 Legal Analyses
    Holding amendment did not relate back where plaintiff knew of the party's "role and existence" and added the new party only after learning the named defendant could not satisfy the judgment
  7. Eagle Industries v. DeVilbiss Health Care

    702 A.2d 1228 (Del. 1997)   Cited 514 times
    Holding that a contract provision was ambiguous, reversing summary judgment, and remanding for a consideration of extrinsic evidence by the Court of Chancery as factfinder
  8. Citadel Holding Corp. v. Roven

    603 A.2d 818 (Del. 1992)   Cited 289 times   1 Legal Analyses
    Holding that a corporation was not required to advance unreasonable expenses when the indemnification clause in the contract and Delaware law both have a reasonableness standard for indemnification expenses
  9. Marlo v. United Parcel Serv., Inc.

    639 F.3d 942 (9th Cir. 2011)   Cited 161 times   3 Legal Analyses
    Holding that "as to the class-decertification issue," the party seeking certification continues to bear the burden of showing compliance with Rule 23
  10. Deiter v. Microsoft Corp.

    436 F.3d 461 (4th Cir. 2006)   Cited 186 times
    Stating that an antitrust injury is an element of an antitrust plaintiff's prima facie case
  11. Section 278 - Continuation of corporation after dissolution for purposes of suit and winding up affairs

    Del. Code tit. 8 § 278   Cited 173 times   7 Legal Analyses

    All corporations, whether they expire by their own limitation or are otherwise dissolved, shall nevertheless be continued, for the term of 3 years from such expiration or dissolution or for such longer period as the Court of Chancery shall in its discretion direct, bodies corporate for the purpose of prosecuting and defending suits, whether civil, criminal or administrative, by or against them, and of enabling them gradually to settle and close their business, to dispose of and convey their property

  12. Section 510 - Failure to pay tax or file a complete annual report for 1 year; charter void; extension of time

    Del. Code tit. 8 § 510   Cited 22 times   3 Legal Analyses

    If any corporation, accepting the Constitution of this State and coming under Chapter 1 of this title, or any corporation which has heretofore filed or may hereafter file a certificate of incorporation under said chapter, neglects or refuses for 1 year to pay the State any franchise tax or taxes, which has or have been, or shall be assessed against it, or which it is required to pay under this chapter, or shall neglect or refuse to file a complete annual franchise tax report, the charter of the corporation