New York Ruling Denying Class Certification Shows The Reach Of The New Dukes Defenses Under Rule 23

On August 16, 2011, Judge Jack Weinstein of the U.S. District Court for the Eastern District of New York rendered a decision in Haynes v. Planet Automall, Inc., No. 09-CV-3880 (E.D.N.Y. Aug. 16, 2011), rejecting class certification of claims by purchasers of used cars alleging violations of the federal Truth in Lending Act (“TILA”). The ruling is noteworthy for two reasons: (i) Judge Weinstein has a track record of certifying class actions via "push the envelope" interpretations of Rule 23, and (ii) the rejection of the plaintiff's class certification theory in Haynes shows the power on the new commonality requirements established in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), and its application to statistical evidence presented by a plaintiff in support of a Rule 23 certification motion.

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