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Morrissey v. Nextel Partners, Inc., Sup Ct, Albany County, February 19, 2009, Platkin, J, Index No. 3194/06

Posted in Albany, Class Certification, Damages, General Business Law 349, Individualized Inquiry, Justice Platkin, Richard

In a decision dated February 19, 2009, Justice Platkin denied the plaintiffs’ motion to certify a class action brought against a cellular telephone company, where the plaintiffs alleged that the defendant systematically overcharged its subscribers in violation of consumer protection statutes and contract laws.  In denying the motion to certify two classes, the court held… Continue Reading