Legal Opinion
Shiring v. Tier Technologies, Inc.
District Court, E.D. Virginia
Decided July 23, 2007No. 1:06cv1276PublishedCited by 31 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
An important issue, appropriately addressed early in this securities fraud action brought pursuant to the Private Securities Litigation Reform Act (“PSLRA”),1 is whether the alleged class of plaintiffs merits certification pursuant to Rule 23, Fed.R.Civ.P. For the reasons that follow, class certification is unwarranted because lead plaintiff, Jeff Shiring, has failed to satisfy the typicality and adequacy requirements of Rule 23.
I
On December 14, 2005, Tier Technologies, Inc. (“Tier”), a NASDAQ-listed company and a national provider of transaction…
2Cases cited26 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
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
- In Re: Cendant Corp., (Formerly Known as Cuc International, Inc.) Cendant Capital I Lester A. Goldstein, on Behalf of Himself and All Others Similarly Situated Welch & Forbes Inc., an Institutional Investment Manager, Individually and on Behalf of All Others Similarly Situated v. Walter A. Forbes Cosmo Corigliano Anne M. Pember Merrill Lynch & Co. Chase Securities Inc. Henry R. Silverman v. Ernst & Young Cendant Membership Services, Inc. Casper Sabatino Steven P. Speaks Kevin T. Kearney Mary Sattler Howard SirotaCourt of Appeals for the Third Circuit · 2001
- Gariety v. Grant Thornton, LLPCourt of Appeals for the Fourth Circuit · 2004
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3Cited by31 opinions
- City of Cape Coral Mun. Firefighters' Ret. Plan v. Emergent Biosolutions, Inc.District Court, D. Maryland · 2018
- Baldwin Mut. Ins. Co. v. McCainSupreme Court of Alabama · 2018
- Barnhart v. IngallsSupreme Court of Alabama · 2018
- Howard v. Liquidity Services, Inc.District Court, District of Columbia · 2017
- In re Kosmos Energy Ltd. Securities LitigationDistrict Court, N.D. Texas · 2014
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