Class Action Defense

Kronenberger Rosenfeld Defeats Motion for Class Certification in Defending Putative Class Action

  |   Tuesday, February 14, 2012

Judge Robert L. Hinkle of the Northern District of Florida denied Plaintiff Ned Newcomer’s motion for class certification.  Kronenberger Rosenfeld represented Defendant 1021018 Alberta, Ltd. doing business as Just Think Media (“JTM”) in this action.  Kronenberger Rosenfeld opposed class certification on several grounds, including that Newcomer’s claims were not typical of the class.

Newcomer brought a complaint seeking class certification against JTM, alleging that he purchased a product from JTM based on misleading disclosures on JTM’s website.  Newcomer filed a motion seeking to certify a nationwide class of all consumers of JTM’s product.  JTM opposed the motion, arguing that Newcomer did not satisfy the prerequisites under Federal Rule of Civil Procedure 23.  The Court ruled in JTM’s favor.

Specifically, Judge Hinkle denied Newcomer’s motion for class certification based on his failure to prove any of the four requisite elements at issue: numerosity, typicality, predominance of common questions, or superiority.  Among other holdings, the Court specifically sided with JTM in its argument that pricing disclosures at the top of its webpage, which Newcomer does not remember reviewing, prevented a finding that Newcomer’s claims were typical of the class or that common questions predominated.  Accordingly, class certification was denied, and a putative class action that initially sought millions of dollars in alleged damages was reduced to a worth of less than $100.     

Newcomer v. Integraclick Inc, et al, Case No. 4:10-cv-00477-RH-WCS.

Click here for a copy of Judge Hinkle's decision.

This entry was posted on Tuesday, February 14, 2012 and is filed under Class Action Defense, Internet Law News.




Jeffrey M. Rosenfeld
Partner




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