Class Certification denied in Trump ACN case
Plaintiffs seeking to establish a class-action against Donald Trump over promotion of ACN have been denied.
The October 17th order denied class certification, over uncertainty “a putative class member was exposed to some or all of the four alleged misstatements”.
The “four alleged misstatements”, from Plaintiff’s original 2018 Complaint, are
that ACN was low risk, that its products were commercially viable, that Trump had performed due diligence on ACN and — by failing to disclose otherwise — that he was not being paid for his endorsement.
After weighing up the exposure issue, the court concluded;
Even assuming that all of the putative class members were exposed to at least one of the allegedly false statements — i.e., the Trump endorsement without disclosure of the fact that he was being paid millions in return — the reliance element of Plaintiffs’ claims is fatal to class treatment.
The court gave Plaintiffs until October 24th to make an argument for why their claims should remain bundled together.
A six-page filing was filed on October 24th, asserting that
the Court can decide Defendants’ fully-briefed motion for summary judgment and proceed to trial, which is currently scheduled to begin on January 29, 2024.
This is the path that Plaintiffs believe the Court should take.
Separately, on October 24th the remaining Trump Defendants move to transfer the case from the Southern District of New York to each of the Plaintiff’s respective local jurisdictions.
Alternatively, the Trump Plaintiffs request the case be dismissed.
Remaining Trump Defendants are the Trump Corporation and Donald Trump himself. Trump’s children were dismissed as defendants back in May.
Pending court orders on the above motions, stay tuned for updates on what happens to the case next.