Edelman v. Lee Optical Co.

Plaintiffs, individually and as class representatives, filed an amended complaint alleging essentially the use of misleading merchandising techniques by defendants. Defendants moved to strike and dismiss. The court below found that the suit was “not properly maintainable as a class action” and struck the amended complaint, granting leave “to the five named plaintiffs to file an amended complaint stating their individual claims for relief against defendants.” This plaintiffs failed to do, electing to stand on their class claim, and the suit was dismissed.

On appeal plaintiffs raise three…