Following a decision granting leave to proceed with secondary market misrepresentation claims and certifying a class action, the parties disputed the settlement of the order, the certification of the primary market subclass's financial outlook claim, and costs.
The court held that the primary market subclass's claim remained certified, as importing a merits-based leave test into the certification criteria was improper.
The court settled the order in accordance with the plaintiff's draft, declined to clarify findings of fact, and awarded the plaintiff $950,000 in costs based on overall success.
