Oetting v. Norton’s Empirical Analysis
795 F.3d 886 · 2015
Citation profile
2 federal appellate ·
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Lujan v. Defenders of Wildlife · Warth v. Seldin · Sosna v. Iowa · United States Parole Commission v. Geraghty · Starnes v. Penrod Drilling Co.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“After the merger of NationsBank Corporation and BankAmerica Corporation, shareholders of both companies filed class action lawsuits alleging violations of the federal securities laws. The cases were transferred to the Eastern District of Missouri, where the district court appointed David Oetting as one lead plaintiff of the NationsBank class and the St. Louis law firm of Green Jacobson as lead counsel for the class. The litigation settled, resulting in a $333 million settlement fund for the NationsBank class. We affirmed the district court's approval of the settlement over Oetting's objection that it was inadequate. In re BankAmerica Corp. Sec. Litig. , 350 F.3d 747 (8th Cir. 2003) ; see Koehler v. Brody , 483 F.3d 590 , 598-99 (8th Cir. 2007). On the recommendation of Green Jacobson, the district court appointed Heffler, Radetich & Saitta, LLP (Heffler), as claims administrator to distribute the settlement fund to class member claimants. During the claims process, an employee of Heffler conspired to submit fifteen false claims against the fund, resulting in the payment of $5.87 million that otherwise would have been paid to members of the class. In 2010, the district court denied Green Jacobson's motion for leave to file a supplemental complaint against Heffler to recover this loss. Oetting subsequently filed a separate action against Heffler on behalf of the NationsBank class that was transferred to and [dismissed by] the Eastern District of Pennsylvania. 1 After two distri”
1 later decision quote this exact passage · from the majority“did not make it an independent legal entity that may file claims against other parties in a new action, even if the claims arise out of or relate to the main action.”
1 later decision quote this exact passage · from the majority
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.