Legal Opinion

Ohio Public Employees Retirement System v. General Reinsurance Corp.

Court of Appeals for the Second Circuit

Decided August 13, 2012No. Docket No. 10-4401-cvPublishedCited by 133 opinions

1Opinion of the Court

GERARD E. LYNCH, Circuit Judge:

In this class action case, we face a rare joint appeal from a district court’s order. After the parties arrived at a settlement agreement, the district court (Deborah A. Batts, J.) denied plaintiffs’ motion to certify a settlement class. The court held that the class could not satisfy the predominance requirement of Federal Rule of Civil Procedure 23(b)(3) because the fraud-on-the-market presumption does not apply to the class’s securities fraud claims. We hold that, under Amchem Products, Inc. v. Windsor, 521 U.S. 591, 620,117 S.Ct. 2231, 138 L.Ed.2d 689…

2Cases cited26 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  3. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  4. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  5. Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994

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3Cited by133 opinions

  1. In re Vivendi, S.A. Secs. Litig.Court of Appeals for the Second Circuit · 2016
  2. In Re: Deepwater HorizonCourt of Appeals for the Fifth Circuit · 2014
  3. Langan v. Johnson & Johnson Consumer Cos.Court of Appeals for the Second Circuit · 2018
  4. Waggoner v. Barclays PLCCourt of Appeals for the Second Circuit · 2017
  5. Wyly v. WeissCourt of Appeals for the Second Circuit · 2012

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