International Business MacHines Corp. v. Kemp

Blackburn, Presiding Judge.

International Business Machines Corporation (IBM) appeals from the trial court’s grant of Barbara J. Kemp, Maria G. Wilson and Roger Wilson’s (plaintiffs) motion for class certification. IBM contends that the trial court erred by: (1) holding that New York law governs the fraud claim of all potential class members; (2) holding that New York law governs the contract claim of all potential class members; (3) granting class certification where the claims lack commonality; and (4) granting class certification prior to determining whether plaintiffs’ claims were…