Clark v. Alan Vester Group, Inc., July 17, 2009 (Jolly)(unpublished)

The Court determined that it could rule on a dispositive motion in a putative class action before ruling on class certification.  It held "in appropriate cases it is neither unusual nor inappropriate for a court of jurisdiction to consider merits issues prior to determining class certification matters."

The Court granted summary judgment on a Fair Credit Reporting Act claim, denied it as to other claims, and did not issue an opinion stating its reasons. The Court said that the case had been assigned to it as an exceptional case under Rule 2.1 of the General Rules of Practice, not as a complex business cased under Rule 2.2, and that a written opinion therefore was not required.

In separate opinions issued the same day, the Court sanctioned the Defendants for spoliation of evidence and certified the class.

Full Opinion

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