Clark v. Ellenbogen

How courts have described this case

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

• finding that the Agreement Among Underwriters provided a basis for determining that the co-lead underwriters would adequately represent the interests of the class member.
• Rule 23(a)(2) requirement met where common issues of material misrepresentation, knowledge, and due diligence exist
• “The presence of any misstatements or omissions in the registration statement is 5 capable of litigation as a class question and does indeed present a common question of fact.”
• “If it later develops that there is some antagonism between Lehman and Blyth and the other underwriters, the Court retains the power to amend the class or to change the class representative.”

Source: CourtListener parenthetical corpus (CC0).