Legal Opinion
Miles v. Merrill Lynch & Co.
Court of Appeals for the Second Circuit
Decided December 5, 2006No. Docket No. 05-3349-cvPublishedCited by 267 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge.
This appeal primarily concerns the issue, surprisingly unsettled in this Circuit, as to what standards govern a district judge in adjudicating a motion for class certification under Rule 23 of the Federal Rules of Civil Procedure. Comprehended within this broad issue are subsidiary issues such as whether a definitive ruling must be made that each Rule 23 requirement has been met or whether only some showing of a requirement suffices, whether all of the evidence at the class certification stage is to be assessed or whether a class plaintiffs evidence, if not…
2Cases cited46 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
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3Cited by267 opinions
- In Re Initial Public Offering Securities Litigation.Court of Appeals for the First Circuit · 2006
- In re Vivendi, S.A. Secs. Litig.Court of Appeals for the Second Circuit · 2016
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- Olean Wholesale Grocery Co-Op v. Bumble Bee Foods LLCCourt of Appeals for the Ninth Circuit · 2022
- Robert Briseno v. Conagra Foods, Inc.Court of Appeals for the Ninth Circuit · 2017
262 more not listed; retrieve them via the Exa API.