August 7, 2012
NEW YORK, NY, August 2, 2012: In a major victory, Moses & Singer lawyers obtained de-certification of the class action previously certified in Pludeman v. Northern Leasing Systems, Inc., leaving claims only on behalf of four individual plaintiffs. Moses & Singer moved for de-certification on behalf of client Northern Leasing Systems in the New York State Supreme Court, New York County. The Court granted the motion and took the extraordinary step of de-certifying a class action that it had previously allowed to go forward. In Pludeman, Plaintiffs contend that Northern – a leading equipment finance lessor of point-of-sale equipment such as credit card swiping machines – had improperly collected a monthly $4.95 loss and damage waiver fee. The Court had previously certified a class as to this issue on behalf of over 1 million class members.
Moses & Singer attorneys moved to de-certify the class following a 2011 ruling by the Appellate Division, First Department, which reversed a grant of partial summary judgment in the case. Moses & Singer then moved to de-certify on the grounds that the issues the lower court had previously identified as being common to the class, were no longer common, and that individual issues now predominated. The Court's July 13th ruling granted that motion, leaving just the claims on behalf of the individuals.
Jay Cohen, Chairman and Chief Executive Officer of Northern Leasing Systems, Inc. said “This opinion, like the Appellate Division’s decision in 2011, has vindicated our confidence in our position in the case.” Jay R. Fialkoff, Moses & Singer’s Managing Partner added: "The decision further highlights the unique and creative approaches our attorneys utilize in handling complex litigation matters for our clients."
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