The Fourth Department determined members of the Buffalo Jills, cheerleaders for the Buffalo Bills football team, were properly certified as a class to bring an action alleging Labor Law violations (failure to compensate) and fraud. The Fourth Department noted that evidence submitted in the reply papers was properly considered because the defendants had the opportunity to address the evidence and further noted Supreme Court properly certified three law firms as class counsel:
Class action is appropriate only if all five of the requirements are met … , and the burden of establishing those requirements is on the party seeking certification … . The first prerequisite is that the class must be so numerous that joinder of all of its members is impracticable (see CPLR 901 [a] [1]). …
The second prerequisite is that there are common questions of law or fact that predominate over questions affecting only individual members (see CPLR 901 [a] [2]). …
The third prerequisite is that the class representatives’ claims are typical of the claims of the class (see CPLR 901 [a] [3]). …
The fourth prerequisite is that the class representatives will fairly and adequately protect the interest of the class (see CPLR 901 [a] [4]). …
The fifth prerequisite is that class action is the superior method to fairly and efficiently adjudicate the controversy (see CPLR 901 [a] [5]). …
… Once the section 901 (a) prerequisites have been met, a court must consider the class members’ interest in prosecuting individual actions; the impracticality or inefficiency of prosecuting or defending separate actions; the extent and nature of any separate action already pending; the desirability of the forum; and the difficulties likely to be encountered in managing a class action (see CPLR 902…) …
… [T]he court properly certified three law firms as class counsel. It is within the court’s discretion to allow representation by more than one counsel … . Ferrari v The Natl. Football League, 2017 NY Slip Op 06755, Fourth Dept 9-29-17
CIVIL PROCEDURE (CHEERLEADERS FOR BUFFALO BILLS PROPERLY CERTIFIED AS A CLASS ALLEGING LABOR LAW VIOLATIONS AND FRAUD, EVIDENCE PRESENTED IN REPLY PAPERS PROPERLY CONSIDERED, THREE LAW FIRMS PROPERLY CERTIFIED AS CLASS COUNSEL (FOURTH DEPT))/EMPLOYMENT LAW (CHEERLEADERS FOR BUFFALO BILLS PROPERLY CERTIFIED AS A CLASS ALLEGING LABOR LAW VIOLATIONS AND FRAUD, EVIDENCE PRESENTED IN REPLY PAPERS PROPERLY CONSIDERED, THREE LAW FIRMS PROPERLY CERTIFIED AS CLASS COUNSEL (FOURTH DEPT))/ATTORNEYS (CLASS ACTION, CHEERLEADERS FOR BUFFALO BILLS PROPERLY CERTIFIED AS A CLASS ALLEGING LABOR LAW VIOLATIONS AND FRAUD, EVIDENCE PRESENTED IN REPLY PAPERS PROPERLY CONSIDERED, THREE LAW FIRMS PROPERLY CERTIFIED AS CLASS COUNSEL (FOURTH DEPT))/REPLY PAPERS (CIVIL PROCEDURE, EVIDENCE PRESENTED IN REPLY PAPERS PROPERLY CONSIDERED (FOURTH DEPT))/CLASS ACTIONS (EMPLOYMENT LAW, (CHEERLEADERS FOR BUFFALO BILLS PROPERLY CERTIFIED AS A CLASS ALLEGING LABOR LAW VIOLATIONS AND FRAUD, THREE LAW FIRMS PROPERLY CERTIFIED AS CLASS COUNSEL (FOURTH DEPT))