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Northern District of West Virginia denies certification to improper "fail-safe" class in wage lawsuit against Dollar General Corporation.
The Northern District of West Virginia recently issued a decision rejecting a plaintiff’s request for class certification on the grounds that it was a “fail-safe” class. This marks the first reported decision from West Virginia in which the court denied certification on the grounds that a putative class was a fail-safe one. It also serves as yet another reminder to would-be plaintiffs that courts will not indulge these creative attempts to transform what is an individual dispute into a class action by conditioning class membership on the merits of each potential member’s claim. Read More ›
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Stephen E. Embry is a member of the Firm's class action, privacy and mass tort groups. He frequently defends participants in consumer class actions and mass tort litigation. Stephen is a national litigator and advisor who is experienced in developing solutions to complex litigation and corporate problems.