Legal Opinion

Miles v. Merrill Lynch & Co.

Court of Appeals for the Second Circuit

Decided December 5, 2006No. Docket No. 05-3349-cvPublishedCited by 5 opinions

1Opinion of the Court

JON O. NEWMAN, Circuit Judge.

The Plaintiffs-Appellees (“Petitioners”) have petitioned for rehearing of our December 5, 2006, decision reversing the District Court’s grant of their motion for class certification. See Miles v. Merrill Lynch & Co. (In re Initial Public Offering Securities Litigation), 471 F.3d 24 (2d Cir.2006). The petition asserts three grounds: (1) our initial decision adopted incorrect standards that a district court must apply in determining whether to grant class certification, (2) the decision erred in concluding that the predominance criterion of Rule 23(b)(3) of the…

2Cases cited5 opinions

  1. Rombach v. ChangCourt of Appeals for the Second Circuit · 2004
  2. In Re Initial Public Offering Securities Litigation.Court of Appeals for the First Circuit · 2006
  3. Calderon v. Presidio Valley Farmers Ass'nCourt of Appeals for the Fifth Circuit · 1989
  4. Kamerman v. SteinbergDistrict Court, S.D. New York · 1988
  5. Meyers Ex Rel. Meyers v. Board of EducationDistrict Court, D. Utah · 1995

3Cited by5 opinions

  1. In Re Initial Public Offering Securities LitigationDistrict Court, S.D. New York · 2009
  2. Public Employees' Retirement System v. Merrill Lynch & Co.District Court, S.D. New York · 2011
  3. In re Amaranth Natural Gas Commodities LitigationDistrict Court, S.D. New York · 2010
  4. In Re Initial Public Offering Securities Litigation.Court of Appeals for the First Circuit · 2007
  5. In re Initial Public Offering Securities LitigationDistrict Court, S.D. New York · 2009

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