MEMORANDUM OF LAW in Support re: 5 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP to serve as lead counsel. MOTION to Appoint Thomas H. Loomis to serve as lead plaintiff
Holding that "class certification is inappropriate where a putative class representative is subject to unique defenses which threaten to become the focus of the litigation"
Holding that Shutts did not require opt-out rights in a Rule 23(b)(B) class action because the plaintiffs had already submitted to the district court's jurisdiction by filing bankruptcy claims against the defendant
Fed. R. Civ. P. 23 Cited 34,923 times 1234 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"
15 U.S.C. § 78j Cited 12,502 times 165 Legal Analyses
Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities