Barry's Cut Rate Stores Inc., et al. v. Visa, Inc. et al.
U.S. District Court- Eastern District of New York
Supplemental Opposition to Class Certification Submitted
Equitable Relief Plaintiffs have asked the court to certify a no-opt-out mandatory class of merchants who would be bound to accept the equitable relief that those lawyers negotiate. The RLC supports RILA and the NRF in their opposition to the mandatory class on behalf of all future merchants who would likewise be bound without input into the terms and who would further be prevented from suing to vindicate their rights against future harms.
The RLC supported RILA in its motion to intervene in the long-running MDL-1720 case and in its opposition to the proposed certification of an equitable class. The primary concern in the proposal is that the proposed class would not have an opt-out right, and would therefore include all merchants, even those who were pursuing their own litigation. In addition, the proposed class would include future merchants.
The motion was drafted by Debra Greenberger of Emery Celli Brinckerhoff.
Declaration in support of merchants’ motion to intervene
Memorandum of law in opposition to plaintiffs’ motion for class certification
MDL-1720 Mot to Intervene
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