Posts Categorized: Class Actions

Posted: April 1, 2021

Class Certification Denied Because Class Issues Did Not Predominate Over Individual Ones

On March 3, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Kalemba v. Oanda Corp., 2021 NY Slip Op. 30707(U), denying class certification because class issues did not predominate over individual ones, explaining: To satisfy the second prerequisite to certification Plaintiff must show that there are questions of law... Read more »

Posted: November 2, 2020

New York Court of Appeals Recognizes Cross-Jurisdictional Class Action Tolling

On October 20, 2020, the Court of Appeals issued a decision in Chavez v. Occidental Chem. Corp., 2020 NY Slip Op. 05839, adopting cross-jurisdictional class action tolling of the statute of limitations, explaining: We conclude that a determination that tolling is not available cross-jurisdictionally would subvert article 9—the primary function of which is to allow... Read more »

Posted: October 28, 2020

Class Cert Denied in In Re Aluminum Warehousing Antitrust Litigation

In In re Aluminum Warehousing Antitrust Litigation (Direct Purchaser Plaintiffs), No. 14-cv-3116-PAE (S.D.N.Y.), United States District Judge Paul A. Engelmayer denied class certification based on the failure to plaintiffs’ expert to establish the predominance of common issues among the proposed class members regarding antitrust injury. Plaintiffs, described in the opinion as “First Level Purchasers” or... Read more »

Posted: September 21, 2020

Motion to Dismiss Under CPLR 3211 Not Proper Vehicle for Challenging Adequacy of Class Allegations

On September 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mahmood v. Riverside 1795 Assoc. L.L.C., 2020 NY Slip Op. 20229, holding that a motion to dismiss was not the proper vehicle for challenging the adequacy of a complaint’s class allegations, explaining: On a motion to dismiss pursuant... Read more »

Posted: March 12, 2019

Stipulation to Support Class Action Settlement Unenforceable

On February 14, 2019, the First Department issued a decision in Cohen v. Saks Inc., 2019 NY Slip Op. 01162, holding that a stipulation to support a class action settlement was unenforceable, explaining: While plaintiffs’ promise to support the stipulation and cooperate in seeking court approval is not an unenforceable statement of intention to do something in... Read more »

Posted: December 19, 2017

CPLR 908 Requirement for Class Notice and Court Approval Applies to Not-Yet-Certified Class Actions

On December 12, 2017, the Court of Appeals issued a decision in Desrosiers v. Perry Ellis Menswear, LLC, 2017 NY Slip Op. 08620, holding that the CPLR 908 requirements for class notice and court notice apply even to not-yet-certified class actions. In Desrosiers, the parties to putative class actions settled before class certification, raising (in... Read more »

Posted: April 3, 2017

Court Approves Disclosure-Only Class Action Settlement

On March 24, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Roth v. Phoenix Companies, Inc., 2017 NY Slip Op. 27099, approving a disclosure-only class action settlement. Discussing the controversial issue of disclosure-only settlements, the court explained: As an initial matter, as noted on the record, the Settlement is... Read more »

Posted: May 15, 2016

Notice of Impending Dismissal of Putative Class Action Required Even if Class Not Yet Certified

On May 12, 2016, the First Department issued a decision in Vasquez v. National Securities Corp., 2016 NY Slip Op. 03817, holding that the proposed class of a putative class action must be given notice of the dismissal of the action even if the class is not yet certified, explaining: The motion court correctly required... Read more »