Sykes v. Mel S. Harris & Assoc., No. 13-2742 (2d Cir. 2015)Annotate this Case
Defendants appealed the district court's class certification opinion and class certification order certifying two classes. The first class, certified under Rule 12(b)(2), comprises "all persons who have been or will be sued by the Mel Harris defendants as counsel for the Leucadia defendants... assert[ing] claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961; New York General Business Law (GBL) 349; and New York Judiciary law 487." The second class, certified under Rule 23(b)(3), comprises "all persons who have been sued by the Mel Harris defendants as counsel for the Leucadia defendants in... New York City Civil Court and where a default judgment has been obtained. Plaintiffs in the Rule 23(b)(3) class assert claims under RICO; the Fair Debt Collection Practices Act [(FDCPA)], 15 U.S.C. 1692; GBL 349; and New York Judiciary Law 487." The court affirmed the judgment, concluding that the district court did not abuse its discretion in certifying either class.