Barrett Foods Corp. v. New York City Board of Education

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a class certification was in error because individualized proof would be necessary under Section 349 as to the fraudulent inducement of each class member and \issues arising in this connection would overwhelm any questions common to the class\
• reversing class certification because, inter alia, individuals issues predominated with respect to which oral communications or advertisements putative class members relied upon that allegedly induced them to obtain “refund anticipation loans” from the defendant
• class certification of § 349 claim not appropriate where “questions of whether each individual was exposed to, and influenced by, the advertising would predominate”
• class certification inappropriate where lead plaintiff was atypical of class because she was not exposed to any of the same advertising to which the class was exposed
• “[T]ax preparation services and basic tax advice . . . did not . . . give rise to any fiduciary duty.”

Source: CourtListener parenthetical corpus (CC0).