Shareholders Glenn E. “Charlie” Ireland and Angel A. Darmer have defeated class claims in a nationwide class action lawsuit pending in the Circuit Court of Shelby County, Alabama against their client, a full service asset recovery company. The plaintiff filed the lawsuit as the representative of a purported nationwide class of individuals asserting claims pertaining to the collection of certain storage and redemption fees associated with repossession services provided by the defendant.
Before engaging in any discovery, Glenn and Angel moved for a judgment on the pleadings and to strike and/or dismiss the plaintiff’s class claims. They argued that the plaintiff’s class claims failed because the subclasses, as defined, were not clearly ascertainable and that individual issues predominated over common ones. The Court agreed and granted dismissal of plaintiff’s class claims, as well as virtually all of the underlying substantive claims.
The plaintiff challenged the Court’s order with a motion to alter, amend, or vacate, arguing that the dismissal was premature. Glenn and Angel opposed the motion, asserting that the dismissal was proper pursuant to Alabama Rule of Civil Procedure 12. The Court agreed and upheld its original order of dismissal of the class action claims and the underlying substantive claims.
