Haynes and Boone Defeats Class Certification


Haynes and Boone, LLP completed a trilogy of victories on behalf of a for-profit college, defeating certification of a putative class action seeking a complete refund of all tuition paid by every Texas student who had enrolled in an on-line college operated from out-of-state.

After a two-day evidentiary hearing and closing arguments, Haynes and Boone obtained a denial of class certification by demonstrating that the case was lawyer-driven and the named plaintiff was not an adequate representative. The team next frustrated the plaintiffs' appellate efforts, convincing the Court of Appeals for the Fifth Circuit to deny the plaintiffs' request for leave to immediately appeal the denial of class certification. Haynes and Boone completed the trilogy by successfully opposing the effort to add a new plaintiff as a substitute proposed class representative.

The team was led by partners Barry McNeilStacy Brainin and Dan Gold.

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