MOORE v. PAINEWEBBER, INC.

Docket No. 01-9212.

306 F.3d 1247 (2002)

Robert L. MOORE and Jeannette S. Parry, Petitioners-Appellants, v. PAINEWEBBER, INC., Respondent-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2001.

Decided: October 10, 2002.


Attorney(s) appearing for the Case

Edward Labaton, Goodkind Labaton Rudoff & Sucharow (Joel H. Bernstein, James W. Johnson, Michael Hanzman, Marc H. Edelson, Ira Neil Richards, on the brief), New York, NY, for Petitioners-Appellants.

Kenneth B. Forrest, Wachtell, Lipton, Rosen & Katz (Jeffrey M. Wintner, Dhananjai Shivakumar, Hannah Berkowitz, Jacqueline O. LiCalzi, on the brief), New York, NY, for Respondent-Appellee.

Before: STRAUB and SOTOMAYOR, Circuit Judges, and GOLDBERG, Judge.


SOTOMAYOR, Circuit Judge.

Plaintiffs appeal from a decision of the United States District Court for the Southern District of New York (Keenan, J.) denying class certification under Fed. R. Civ. P 23(b)(3). Plaintiffs based their RICO and fraud claims on the oral misrepresentations made by PaineWebber's brokers, arguing that PaineWebber engaged in a common scheme to misrepresent one of its products. The district court determined that individual factual questions regarding...

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