Legal Opinion

Frances Unger, William Patterson, Lead Gordon Ellis, Lead v. Amedisys Inc.

Court of Appeals for the Fifth Circuit

Decided February 17, 2005No. 03-30965PublishedCited by 196 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

This case, on review pursuant to Fed. Rule Civ. PROC. 23(f), implicates the standards and procedures used by district courts when considering certification of securities class actions dependent on the “fraud on the market” theory. See Basic, Inc. v. Levinson, 485 U.S. 224, 108 S.Ct. 978, 99 L.Ed.2d 194 (1988). Like our brethren in the Third, Fourth, Seventh and Ninth Circuits, we hold that a careful certification inquiry is required and findings must be made based on adequate admissible evidence to justify class certification. Because the district court…

2Cases cited27 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  5. Gulf Oil Co. v. BernardSupreme Court of the United States · 1981

22 more not listed; retrieve them via the Exa API.

3Cited by196 opinions

  1. In Re Hydrogen Peroxide Antitrust LitigationCourt of Appeals for the Third Circuit · 2009
  2. Teamsters Local 445 Freight Division Pension Fund v. Bombardier Inc.Court of Appeals for the Second Circuit · 2008
  3. In Re Initial Public Offering Securities Litigation.Court of Appeals for the First Circuit · 2006
  4. Miles v. Merrill Lynch & Co.Court of Appeals for the Second Circuit · 2006
  5. In Re New Motor Vehicles Can. Export Anti. Lit.Court of Appeals for the First Circuit · 2008

191 more not listed; retrieve them via the Exa API.

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