A federal district court presiding over a class action suit against a mortgage lender that allegedly overcharged borrowers on late fees had the power to decertify the class after a jury awarded it $32 million and prior to final judgment in the case, an appeals court ruled.

A unanimous U.S. Court of Appeals for the Second Circuit ruling affirmed Southern District Judge John Koeltl‘s 2015 decision to grant defendant The Money Store’s bid to decertify the class, rejecting plaintiff Joseph Mazzei’s arguments that decertifying a class after a jury verdict is tantamount to overturning a jury verdict and that it runs afoul of the class’s Seventh Amendment right to a jury trial.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]