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« New Jersey Supreme Court invalidates "no class action" arbitration provision: Muhammad v. County Bank | Main | Petition for review filed in Pfizer v. Superior Court »

Friday, August 11, 2006



It warrants publication only to provide an example of where a trial court can deny certification in a Sav-on type situation. Although Sav-on, properly understood, already left the trial court with that discretion. Less experienced judges would often buy the argument from experienced (and clever) class action plaintiff's counsel that "Sav-On says you have to certify an exemption class action" or that "Sav-On says that exemption class actions are all good candidates for certification." Dunbar provides a counter-example. I agree, generally, though that Dunbar does not establish any new principle that is going to change class action law.

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