Oppenheimer Fund v. Sanders
United States Supreme Court
437 U.S. 340 (1978)
Sanders (plaintiffs) sued the Oppenheimer Fund (Oppenheimer) (defendant) on behalf of a class of stock buyers under Federal Rule of Civil Procedure (FRCP) Rule 23(b)(3). Sanders moved the court to order Oppenheimer to help send the notice to class members required under FRCP Rule 23(c)(2). Citing FRCP Rules 26-37 governing discovery, the district court issued the order requiring Oppenheimer to hire a third party to compile the list from records kept by its transfer agent at a cost of $16,000. Oppenheimer appealed to the United States Court of Appeals for the Second Circuit. Sitting en banc, the court affirmed. In light of the conflict this created with the ruling of the United States Court of Appeals for the Fifth Circuit in In re Nissan Motor Corp. Antitrust Litigation, 552 F.2d 1088 (5th Cir. 1977), the United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Powell, J.)