Mary E. McCann Individually and on Behalf of All Others Similarly Situated v. The Sullivan University System, Inc., D/B/A Sullivan University College of Pharmacy
Kentucky Supreme Court
1Opinion of the Court
OPINION OF THE COURT BY
JUSTICE WRIGHT
Mary McCann filed a CR 23 motion to certify a class action in Jefferson Circuit Court. The trial court denied that motion as a matter of law and McCann appealed. The Court of'Appeals affirmed the trial court’s judgment and held KRS 337.385 does not authorize class actions. McCann then moved this Court for discretionary review, and we granted her motion. On appeal, McCann argues that the Court of Appeals erred by reading KRS 337.385 to prohibit class actions. We agree. Therefore, we reverse the judgment of the Court of Appeals and remand this case to…
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