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502 F.3d 91 *; 2007 U.S. App. LEXIS 21720 **; 2007-2 Trade Cas. (CCH) P75,861
CORDES & COMPANY FINANCIAL SERVICES, INC. and EQUALNET COMMUNICATIONS CORPORATION, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, -v- A.G. EDWARDS & SONS, INC., BANCBOSTON ROBERTSON STEPHENS & COMPANY, BEAR STEARNS & CO., CHASE HAMBRECHT & QUIST, INC., CIBC OPPENHEIMER CORP., COWEN & CO., CREDIT SUISSE FIRST BOSTON CORPORATION, DB ALEX. BROWN LLC formerly known as BT ALEX BROWN INC., DONALDSON, LUFKIN & JENRETTE, INC., EVEREN SECURITIES, INC., THE GOLDMAN SACHS GROUP, INC., HANIFEN INHOFF INC., ING BARINGS LLC, J.C. BRADFORD & CO., J.P. MORGAN SECURITIES, INC., JEFFERIES & COMPANY, INC., JOHNSON RICE & COMPANY, LEGG MASON WOOD WALKER INC., LEHMAN BROTHERS INC., MERRILL LYNCH & CO., MORGAN STANLEY DEAN WITTER & CO., NATIONSBANC MONTGOMERY SECURITIES, PAINE WEBBER GROUP, INC., PIPER JAFFRAY & CO., INC., PRUDENTIAL SECURITIES INCORPORATED, RAYMOND JAMES & ASSOCIATES, INC., SALOMON SMITH BARNEY, INC. and UBS WARBURG LLC, Defendants-Appellees.
Subsequent History: As Amended September 27, 2007.
Prior History: [**1] Appeal from a Memorandum and Order of the United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge) denying the plaintiffs' motion for class certification pursuant to Federal Rule of Civil Procedure 23. We conclude that although the plaintiffs do not fall within the definition of the class as set forth in the complaint, as assignees of class members who brought the suit, they are not categorically excluded from acting as class representatives. We also conclude that the district court erred with respect to the basis on which it concluded that individual questions predominate over common ones.
In re Public Offering Fee Antitrust Litig., 2006 U.S. Dist. LEXIS 21076 (S.D.N.Y., Apr. 18, 2006)
Disposition: Vacated and remanded.
district court, antitrust, predominance, class representative, questions, member of the class, class action, class member, defendants', but-for, damages, injury-in-fact, certification, anti trust law, plaintiffs', assignees, legal question, price-fixing, issuer, conspiracy, adequacy, lawsuit, class certification, common question, formula, factual question, antitrust claim, prerequisites, underwriters, proceeds
Civil Procedure, Class Actions, Prerequisites for Class Action, Adequacy of Representation, Maintainability, Appeals, Standards of Review, Abuse of Discretion, Special Proceedings, Appellate Review, General Overview, Clearly Erroneous Review, De Novo Review, Constitutional Law, Case or Controversy, Standing, Third Party Standing, Justiciability, Class Members, Named Members, Case & Controversy Requirements, The Judiciary, Parties, Substitution, Transfer of Interests, Contracts Law, Standards of Performance, Assignments, Antitrust & Trade Law, Sherman Act, Scope, Price Fixing & Restraints of Trade, Per Se Rule & Rule of Reason, Per Se Violations, Clayton Act, Scope