Grad v. Memorex Corp.’s Empirical Analysis
1973
Citation profile
5 federal appellate · 7 district · 4 state decisions
How this case has been cited
Cited by 48 later decisions — most recently September 2014 · most notably Blackie v. Barrack (1975), Simer v. Rios (1981)
5 federal appellate · 7 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1404
Relies on Stevens v. Marks · Eisen v. Carlisle & Jacquelin · Michigan v. Ohio · Green v. Wolf Corp. · Esplin v. Hirschi
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Use of the bifurcation method, however, does not resolve what appears to be an inherent conflict between proof of the reliance element of a 10b-5 action and the “predominance of common issues” requirement of Rule 23(b)(3); it merely delays resolution of the problem until a later date. But this delay in effect prohibits the court from affirmatively finding that the cause is manageable as a class action as required by Rule 23(b)(3)(D). That is, if actual individual reliance in its common law sense need be proved by each class member, the trial of that issue, even at a later stage in the proceedings, would tax the court’s (and counsels’) resources to an intolerable extent. Accordingly, the court is constrained to deal with the reli anee enigma at the outset in making its determination of whether a class should be certified. (Emphasis supplied.)”
1 later decision quote this exact passage · from the majority“While the court looks with concern upon the prospect of burdening a jury with the task of analyzing the damages to each class member even with the assistance of a master, it must be kept in mind that that task need not be assumed until the issue of liability is resolved in favor of the plaintiffs. (citations omitted).”
1 later decision quote this exact passage · from the majority“the ultimate effectiveness of (the security anti-fraud laws) may depend on the applicability of the class action device”
1 later decision quote this exact passage · from the majoritye.g. Blackie v. Barrack
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.