United States Second Circuit

In a class action against The Money Store alleging overcharge of late fees on mortgages, in which the jury returned a verdict in favor of plaintiffs, the District Court's grant of defendant's post-verdict motion to decertify, under Federal Rule of Civil Procedure 23(c)(1)(C), the class that was previously certified pursuant to Rule 23(a) and (b)(3), is affirmed where: 1) a district court has power, consistent with the Seventh Amendment and Rule 23, to decertify a class after a jury verdict and before the entry of final judgment; 2) in considering such decertification (or modification), the District Court must defer to any factual findings the jury necessarily made unless those findings were 'seriously erroneous,' a 'miscarriage of justice,' or 'egregious'; and 3) the district court did not abuse discretion in determining that Rule 23's requirements were not met and in decertifying the class.

Appellate Information

• Published 2016/07/15

Judges

• JACOBS

Court

• United States Second Circuit

Counsel