Legal Opinion

Robert L. Moore and Jeannette S. Parry v. Painewebber, Inc.

Court of Appeals for the Second Circuit

Decided October 10, 2002No. Docket 01-9212PublishedCited by 257 opinions

1Opinion of the Court

SOTOMAYOR, Circuit Judge.

Plaintiffs appeal from a decision of the United States District Court for the Southern District of New York (Keenan, J.) denying class certification under Fed. R. Civ. P 23(b)(3). Plaintiffs based their RICO and fraud claims on the oral misrepresentations made by PaineWebber’s brokers, arguing that PaineWebber engaged in a common scheme to misrepresent one of its products. The district court determined that individual factual questions regarding the specific oral misrepresentations provided to each potential class member predominated over any questions of law or fact…

2Cases cited11 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Robert D. Sprague, Plaintiffs-Appellees/cross-Appellants v. General Motors Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1998
  3. In Re Visa Check/mastermoney Antitrust Litigation. Wal-Mart Stores, Inc., Limited, Inc., Sears Roebuck & Company, Safeway Inc., Circuit City Stores, Inc., National Retail Federation and the Food Marketing Institute, International Mass Retail Association, and All Similarly Situated Persons v. Visa U.S.A. Inc. And Mastercard International IncorporatedCourt of Appeals for the Second Circuit · 2001
  4. Veronica Caridad, Individually and on Behalf of All Others Similarly Situated v. Metro-North Commuter RailroadCourt of Appeals for the Second Circuit · 1999
  5. Robert L. Moore and Jeannette S. Parry v. Painewebber, Inc.Court of Appeals for the Second Circuit · 1999

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3Cited by257 opinions

  1. Myers v. Hertz Corp.Court of Appeals for the Second Circuit · 2010
  2. In Re Initial Public Offering Securities Litigation.Court of Appeals for the First Circuit · 2006
  3. Miles v. Merrill Lynch & Co.Court of Appeals for the Second Circuit · 2006
  4. Catholic Healthcare West v. US Foodservice Inc.Court of Appeals for the Second Circuit · 2013
  5. McLaughlin v. American Tobacco Co.Court of Appeals for the Second Circuit · 2008

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