Friday, January 8, 2010

If Plaintiff Loses Stake In Action Before Class Certification, Action Must Be Dismissed

In Marion v. Orlando Pain and Medical (5D08-3613), the Fifth District affirmed the trial court's dismissal of a class action complaint because "where plaintiff’s stake in controversy disappears before there has been effort to certify class action, the action must be dismissed." See Dickerson v. Feldman, 426 F. Supp. 2d 130 (S.D.N.Y. 2006).


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