Desrosiers v. Perry Ellis Menswear, LLC

N.Y. C.P.L.R. 908 applies to class actions that are settled or dismissed before the class has been certified, and not just to certified class actions.Plaintiff filed a class action against Defendants alleging that Defendants improperly classified employees as interns. Plaintiff accepted Defendants’ offer of compromise. When Defendants moved to dismiss the complaint, the time within which Plaintiff was required to move for class certification pursuant to N.Y. C.P.L.R. 902 had expired. Supreme Court dismissed the complaint but denied Plaintiff’s cross motion to provide notice of the dismissal to putative class members pursuant to section 908. The appellate division reversed. The Court of Appeals affirmed, holding that notice to putative class members of a proposed dismissal, discontinuance, or compromise must be given. View "Desrosiers v. Perry Ellis Menswear, LLC" on Justia Law