Last year, New York state courts ruled on a variety of class actions pursuant to CPLR Article 9 involving post-settlement discovery issues, deceptive price matching, cell phone plans, fixed price contracts, employee gratuities, terminal and cable TV converter boxes, insurance company demutualization, microprint equipment leases, brokerage account maintenance fees, backdating involving renewal of wholesale store memberships, and attorney’s fees.
Post-Settlement Discovery
In Wyly v. Milberg Weiss Bershad & Schulman, LLP,1 the Court of Appeals limited discovery of files of class counsel dismissed by the trial court. “In a class action, however, an absent class member does not possess a ‘broad right’ of access to the files of a class counsel dismissed by the trial court during the litigation’s pendency.” The Court noted that this broad right would create “the potential for class counsel to be unduly burdened, even after the end of litigation, by a multitude of requests from absent class members for counsel’s entire file.”
Deceptive Price Matching
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