Tuesday, September 9, 2014

Class certification.

Practice point:  As a prerequisite to class certification, the class representative must demonstrate that he or she will fairly and adequately protect the class' nterests, pursuant to CPLR 901[4]. The class representative acts as principal to the other class members, and owes them a fiduciary duty to vigorously protect their interests. That responsibility includes the duty to secure the class members' rights, as well as to oppose the adverse interests asserted by others. The three factors in determining adequacy of representation are potential conflicts of interest between the representative and the class members; personal characteristics of the proposed class representative, such as familiarity with the lawsuit and individual financial resources; and the quality of the class counsel.

Student note:  Pursuant to CPLR 902, A class action may be maintained in New York only after the five prerequisites of CPLR 901(a) have been satisfied. The actual certification is discretionary with the trial court.

Case:  Cooper v. Sleepy's, LLC, NY Slip Op 05942 (2d Dept. 2014)

Here is the decision.

Tomorrow's issue: Residence and domicile, as they relate to venue.