3rd Circ. Strips Class Cert. In Sam's Club Service Plan Suit

Law360, Los Angeles (August 2, 2013, 4:18 PM EDT) -- The Third Circuit vacated class certification Friday in a New Jersey shopper's complaint accusing Wal-Mart Stores Inc. of fraudulently selling worthless extended warranties for ineligible “as-is” merchandise at its Sam's Club stores, holding that sales records didn't indicate how large the class might be.

A New Jersey federal judge ruled last year that customer William Hayes' class action had standing even though he didn't determine how many of the 3,500 price-override transactions that took place during the class period were for as-is items. Sam's Club cashiers have...
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