Legal Opinion

Wyly v. Milberg Weiss Bershad & Schulman, LLP

New York Court of Appeals

Decided May 7, 2009PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

Petitioner Sam Wyly was an absent class member in a federal securities class action lawsuit; an absent class member is a *403member of a putative or certified class who is not a named party (see Hansberry v Lee, 311 US 32, 40-41 [1940]). Respondents Milberg Weiss Bershad & Schulman, LLP; Stull, Stull & Brody; and Schiffrin & Barroway, LLP (collectively, the law firms) served as class counsel in the litigation. In this appeal, we are asked whether Wyly—like a represented party in traditional individual litigation—enjoys a presumptive right of access to the law firms’…

2Cases cited6 opinions

  1. Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985
  2. Hansberry v. LeeSupreme Court of the United States · 1940
  3. Boeing Co. v. Van GemertSupreme Court of the United States · 1980
  4. Sage Realty Corp. v. Proskauer Rose Goetz & Mendelsohn LLPNew York Court of Appeals · 1997
  5. Wyly v. Milberg Weiss Bershad & Schulman, LLPAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by7 opinions

  1. Musial Offices, Ltd. v. Cuyahoga Cty.Ohio Court of Appeals · 2020
  2. Fiala v. Metropolitan Life InsuranceNew York Supreme Court · 2010
  3. Musial Offices, Ltd. v. Cuyahoga Cty.Ohio Court of Appeals · 2020
  4. Cohen v. Saks Inc.Appellate Division of the Supreme Court of the State of New York · 2019
  5. Jiannaras v. AlfantAppellate Division of the Supreme Court of the State of New York · 2015

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

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