Former high school students and their parents brought putative class action against state and parish school boards, non-profit charter foundation that operated public high school, foundation’s insurers, and organization that temporarily acted as foundation’s CEO, alleging fraud, negligence, and gross mismanagement of the educational process caused severe emotional distress and economic damages.
The District Court granted school boards’ exceptions of no cause of action. On students and parents’ appeal, the Fourth Circuit Court of Appeal reversed and remanded. Students and parents voluntarily dismissed school boards and organization from action and filed motion for class certification. On remand, the District Court certified class. Foundation and insurers appealed.
The Court of Appeal held that:
- Numerosity requirement for class certification was met;
- Commonality requirement for class certification was met;
- Typicality requirement for class certification was met;
- Proposed class representatives would adequately and fairly protect interests of all class members;
- Proposed class definition was sufficiently defined; and
- Students and parents identified common issue that predominated over any individual issues.