Kingara v. Secure Home Health Care Inc.
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The Supreme Judicial Court answered two questions of law concerning the authority of counsel or the courts to protect the interests of putative class members when the named plaintiff has died, no party has been substituted for the named plaintiff and no motion has been made to certify the putative class.
Charles Kingara brought this lawsuit alleging both class and individual causes of action arising under the wage act, the minimum fair wage law, and the overtime law. Before Kingara's counsel had filed for class certification Kingara died. Thereafter, Plaintiff's counsel filed a motion to order notice to putative class members informing them of Kingara's death and inviting them to join the action. After the motion was granted, Defendants filed a petition for interlocutory relief, which resulted in the questions of law before this Court. The Supreme Judicial Court held that, under the circumstances, counsel had no authority to act on behalf of Kingara or the putative class, but the courts may act to protect the interests of the putative class members when those individuals would face significant prejudice without notice.
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