Second Circuit: Mazzei v. Money Store

Class Actions, FRCP


A court has the power and obligation to decertify a class after a jury verdict.  Class members enjoy equitable tolling for the duration of the class.  Findings of facts by the jury must be respected, unless egregious, serious error, or a miscarriage of justice.

No abuse of discretion in court's determination that lack of categorical privvity barred the class formation on grounds of typicality of representative and predominance of claim.

Mazzei v. Money Store