Turner v. Bernstein’s Empirical Analysis

Citation profile

2 federal appellate · 5 state decisions

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rule 23(b)(1) clearly embraces cases in which the party is obliged by law to treat the class members alike ... [,] including claims seeking money damages. In such cases the class members by definition have highly similar interests and generally are seeking damages and the enforcement or prohibition of some course of conduct by the opposing party that affects all of them much the same way. As a result, basically only one recovery is sought and the determination of the overall amount and the sum due each class member is not difficult.”

   1 later decision quote this exact passage
   e.g. Whittington v. United States

2. “adjudications [against] individual members of the class ... would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests.”

   1 later decision quote this exact passage
   e.g. Integra Realty Resources Inc v. D J a

3. “any monetary remedy due to the Proposed Class will be calculated on a per share, rather than per shareholder, basis”); Joseph v. Shell Oil Co., 1985 WL 21125 , at (Del. Ch. Feb. 8, 1985) (declining to certify a class under Rule 23.1(b)(3) because”

   1 later decision quote this exact passage
   e.g. In re Activision Blizzard, Inc. Stockholder Litigation