Berke v. Presstek, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the plaintiff group with the largest financial interest was not formed in bad faith because two individuals in that group “would still have the ‘largest financial interest’”
• noting that transfer for purposes of consolidation seemed appropriate given the facts of the case but should not be granted absent further briefing from the parties
• aggregation appropriate where, even without aggregation, two individual members would be able to claim the largest financial interest
• “In other words, by enacting the PSLRA, Congress sought to encourage class members with the largest purported losses to act as lead plaintiffs in private securities litigation.”
• “Although a transfer pursuant to § 1404(a) is typically premised on the motion of a party, the statute is broad enough that a court can transfer a case on its own initiative.”
• “Although a transfer pursuant to § 1404(a) is typically premised on the motion of a party, the statute is broad enough that a court can transfer a case on its own initiative.”

Source: CourtListener parenthetical corpus (CC0).