E.D. Oklahoma· 6/26/1970
Fillmore v. Oklahoma
Citations
- 314 F. Supp. 404
- 1970 U.S. Dist. LEXIS 11168
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “To require the class representative to be sophisticated and knowledgeable enough to help counsel ... would reduce the class action device ... to an impotent tool.”
- “Courts generally focus on the liability issue in deciding whether the predominance issue is met”
- If reliance must be proven, court can order separate hearings
- if there is no chance at all that a reasonable investor would have been able to discover an alleged fraud, plaintiff need not establish due diligence and due diligence is thus removed as an individual question of fact which could possibly predominate over common questions
- ‘‘[I]ndividual issues will likely arise in this case as in all class action cases,\ so to permit \various secondary issues of plaintiffs’ claim[s] to preclude certification of a class would render the rule an impotent tool for private enforcement of the securities laws”
Source: CourtListener parenthetical corpus (CC0).
Judges: Daugherty
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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