Consumer protection – Class certification – Predominance

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Where class certification was granted in a suit against a defendant medical school, the class should be decertified because the laws of multiple jurisdictions apply to the putative worldwide class of consumers, resulting in the differences in state and national laws predominating over common issues.

“… The present complaint seeks class treatment for a claim of false advertising, a type of claim that calls out for class treatment. …

“In opposing class certification, [defendant] Saba highlights numerous material differences between the law of Massachusetts and other states’ consumer protection laws. … The parties do not dispute that a material conflict exists between Massachusetts law and the laws of the class members’ home states. These discrepancies underscore the challenge plaintiffs face in proving that common questions of law predominate across a nationwide class.

“Here, [plaintiff Natalia] Ortiz has not conducted any analysis of state law variation, and therefore fails to meet her burden of demonstrating that the variations in state laws do not overcome common legal issues. … Consequently, the predominance of individual state laws poses significant barriers to a uniform application of Chapter 93A. …

“Ultimately, Massachusetts choice-of-law principles consistently favor applying the consumer’s home state laws to consumer fraud claims. Applying Chapter 93A broadly to a nationwide class would undermine these principles and impair the regulatory authority of states outside Massachusetts. Accordingly, in conducting a comprehensive, functional choice-of-law analysis, the Court holds that the plaintiff has failed to meet her burden of demonstrating that Massachusetts law applies to the plaintiffs’ claims. …

“Because the laws of multiple jurisdictions apply to this putative worldwide class of consumers, the differences in state and national laws predominate over common issues, leaving the predominance requirement of 23(b)(3) unsatisfied. As a result, certification of the nationwide class is precluded, and the class must be decertified. …”

Ortiz v. Saba University School of Medicine, et al. (Lawyers Weekly No. 02-554-24) (26 pages) (Young, J.) (Civil Action No. 23-12002-WGY) (Nov. 26, 2024).

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