Legal Opinion

In re Auction Houses Antitrust Litigation

District Court, S.D. New York

Decided September 22, 2000No. 00 CIV. 0648(LAK)PublishedCited by 28 opinions

1Opinion of the Court

*72OPINION

KAPLAN, District Judge.

Class action lawsuits protect plaintiffs’ rights and promote accountability by permitting dispersed, disorganized plaintiffs who may have suffered only small injuries to find redress by acting as a group where they would lack sufficient incentive to do so individually. At the same time, however, the relationship between a plaintiff class and its attorney may suffer from a structural flaw, a divergence of economic interests of the class and its counsel. The class action mechanism can redound more to the benefit of the attorney than to that of the class, as counsel…

2Cases cited29 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Flast v. CohenSupreme Court of the United States · 1968
  4. Powell v. McCormackSupreme Court of the United States · 1969
  5. North Carolina v. RiceSupreme Court of the United States · 1971

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3Cited by28 opinions

  1. In Re: Cendant Corporation LitigationCourt of Appeals for the Third Circuit · 1992
  2. In Re: Cendant Corp., (Formerly Known as Cuc International, Inc.) Cendant Capital I Lester A. Goldstein, on Behalf of Himself and All Others Similarly Situated Welch & Forbes Inc., an Institutional Investment Manager, Individually and on Behalf of All Others Similarly Situated v. Walter A. Forbes Cosmo Corigliano Anne M. Pember Merrill Lynch & Co. Chase Securities Inc. Henry R. Silverman v. Ernst & Young Cendant Membership Services, Inc. Casper Sabatino Steven P. Speaks Kevin T. Kearney Mary Sattler Howard SirotaCourt of Appeals for the Third Circuit · 2001
  3. McDaniel v. County of SchenectadyCourt of Appeals for the Second Circuit · 2010
  4. In the Matter Of: Synthroid Marketing LitigationCourt of Appeals for the Seventh Circuit · 2001
  5. In Re Enron Corp. SecuritiesDistrict Court, S.D. Texas · 2008

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