The U.S. Court of Appeals for the Ninth Circuit court vacated an order granting class certification to Alaska citizens who had purchased LuLaRoe products and been charged an incorrect sales tax, remanding the decision for the district court to reassess whether the plaintiff had met her burden of proving by a preponderance of the evidence that common issues predominated over questions affecting only individual members.

In a March 13 opinion penned by Judge Carlos Bea, the U.S. Court of Appeals for the Ninth Circuit Court vacated a district court’s order granting class certification to plaintiff Katie Van, a customer of LuLaRoe’s and an Alaska resident who was affected by the company improperly charging sales tax to customers. The court remanded the issue back to the district court, as the Ninth Circ. questioned whether Van had met the burden of proving that class certification was appropriate, rather than individual cases.

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