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August 5, 2024
Putative Class Action Against Defined-Benefit Pension Plan Dismissed For Lack Of Standing
On July 2, 2024, Justice Andrea Masley dismissed claims brought by putative class action plaintiffs against New York City’s employee pension system because the plaintiffs could not show they suffered an injury from any alleged mismanagement of the system’s investments. In Wayne Wong, et al. v. New York City Employees’ Retirement System, et al., Index No. 652297/2023, the plaintiffs asserted claims under the Federal Employee Retirement Income Security Act (“ERISA”) based on allegedly poor management of investments in their pension plans. The Court concluded, however, that the plaintiffs could not show an actual injury sufficient to support their standing to sue because their fixed pension payments would remain the same regardless of any alleged mismanagement. The Court explained: Read More
May 15, 2024
Court Denies Class Certification To Plaintiffs Suing Cosmetics Chain for Marketing “Vegan” Products That Contained Animal-Derived Ingredients
On April 7, 2024, Justice Andrea Masley denied a motion to certify three classes of plaintiffs claiming that the retail cosmetics chain Ultra marketed products as “vegan” that contain an animal-derived ingredient called carmine. The plaintiffs in Sarah Hogan, et al. v. Ultra Salon, Cosmetics & Fragrance, Inc., Index No. 651986/2020, sought to represent individuals who had bought certain online products from Ultra in New York, California, and Illinois from May 26, 2017, to the present. But the Court found that plaintiffs had failed to satisfy the factors of commonality and typicality required for certification. With regard to commonality in particular, the Court held that the plaintiffs had not presented a theory of damages amenable to a class action given their failure to show any “price premium” for vegan products. It explained: Read More
July 15, 2022
Class Action Tolling Does Not Apply to Trusts That Did Not Join the Class
On May 10, 2022, in Zittman v. Bank of N.Y. Mellon, Index No. 656037/2021, Justice Andrew Borrok of the New York County Commercial Division held that tolling that saved claims brought by a class of certificate holders in residential mortgage-back security trusts did not apply to claims relating to trusts that were not part of the class even though the plaintiffs and trustee were the same and the claims similar. Read More
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 Kale… Read More
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., 202… Read More
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 i… Read More
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 O… Read More
February 14, 2018
Court Rejects Disclosure Only Class Action Settlement
On February 8, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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, … Read More
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… Read More
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., 201… Read More
May 12, 2016
Class Action Settlement Must Include Opt-Out Rights
On May 5, 2016, the Court of Appeals issued a decision in Jiannaras v. Alfant, 2016 NY Slip Op. 0354… Read More
November 9, 2015
Court Preliminarily Approves Class Certification and Settlement; Questions Fee Award
On October 27, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 30, 2015
Court Blasts Derivative Class Action Settlement
On October 23, 2015, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
October 13, 2015
Class Action Arbitration Waivers Signed After Litigation Begun Not Enforced
On October 8, 2015, the First Department issued a decision in Weinstein v. Jenny Craig Operations, I… Read More
May 6, 2015
Class Must be Certified Even When Named Plaintiff No Longer Has Claim
On May 1, 2015, Justice Kornreich of the New York County issued a decision in Vasquez v. National Se… Read More
May 4, 2015
First Department Affirms Denial of Class Certification
On April 28, 2015, the First Department issued a decision in Egan v. Telomerase Activation Sciences,… Read More
March 10, 2015
Court Certifies Class of Lien Law Beneficiaries
On February 24, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
January 11, 2015
Another Commercial Division Rejection of a Class Action Settlement
On January 7, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 6, 2015
Court Rejects Class Action Settlement
On December 19, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
November 12, 2014
Class Settlement Providing for a Fee Award to Plaintiff’s Counsel Approved Despite Lack of a Monetary Recovery or any Change in the Terms of the Deal
On October 22, 2014, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
October 3, 2014
Class Certification Denied for Failure to Submit Evidence Showing Numerosity
On September 5, 2014, Justice Bransten of the New York County Commercial Division issued a decision … Read More
September 13, 2014
Claim Involving Mandatory Statutory Penalties Cannnot be Brought as a Class Action
On September 10, 2014, the Second Department issued a decision in County of Nassau v. Expedia, Inc.,… Read More
July 27, 2014
Class Not Certified When Plaintiff's Evidence of Class Size is Insufficient
On June 24, 2014, Justice Platkin of the Albany County Commercial Division issued an opinion in Pica… Read More
June 30, 2014
Plaintiff may Waive Statutory Damages and Bring a Class Action Despite CPLR § 901(b)
On June 30, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
June 22, 2014
Class Counsel Awarded Reduced Fees
On June 13, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Schu… Read More
May 9, 2014
Failure Timely to File for Class Certification Mandates Denial of Certification
On April 30, 2014, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
December 21, 2013
Attempt To Certify Class Action by Tenants Injured By Hurricane Sandy Summarily Dismissed
On December 11, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
