Author Solutions Lawsuit Update: Class Certification Denied

Posted by Victoria Strauss for Writer Beware

In April 2013, the law firm of Giskan Solotaroff Anderston & Stewart filed a lawsuit against Author Solutions Inc. and its parent company, Penguin, alleging fraud, unjust enrichment, and violation of various statutes and consumer protection acts. Penguin was later dismissed from the suit.

In February 2015, having completed discovery, Giskan Solotaroff filed for class certification with a lengthy Memorandum of Law that unpacked a lot of information about ASI's business model and internal operations.

That certification has now been denied, in a decision handed down by Judge Denise Cote on July 1.
From what I can tell on an initial reading, the decision seems to boil down to the fact that in one of the subclasses they were seeking to certify, plaintiffs weren't able to meet certification requirements; and in the other, weren't able to demonstrate a clear pattern of deception on the part of AS that could apply to everyone in the proposed class.

Judge Cote's decision can be read in full here

I'm guessing that Giskan Solotaroff will appeal. In the meantime, their second lawsuit against AS is ongoing, and has been consolidated with another lawsuit brought by two individual plaintiffs, Everette et al. v. Author Solutions LLC.

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