Case Brief 3.docx
pdf
keyboard_arrow_up
School
Arapahoe Community College *
*We aren’t endorsed by this school
Course
2024
Subject
Law
Date
Jan 9, 2024
Type
Pages
1
Uploaded by AdmiralThunderEmu7
Hailey Tolman
11/09/2023
Case Brief
ARDIS v. FAIRHAVEN FUNERAL HOME CREMATORY INC
(2011)
Facts (what happened in the case):
●
In 2011, Kimberly Ardis, Donna Kendrick, and Bridgett Bland (AKA the Appellants), complained
against Fairhaven Funeral Home that they were failing to disclose additional charges for attaching their
contact information and logo to obituaries in the local newspaper. Families were paying the fees given to
them by the funeral home, which unknowingly included additional charges for the “logo ad”. The
Appellants were filing a class action suit to cover a wide range of families who may have been affected
by this misrepresentation over the last four years.
Issue (Question the court is answering):
●
Should the court certify the class action suit based on the complaint that Fairhaven misrepresented their
charges to many families?
Holding (legal conclusions)
●
The court determined that while the class fit certain aspects of a class action suit, the class did not fit the
requirements for commonality and failed to establish sufficient risks. It was such a broad category of
people they were filing for and there was not enough sufficient evidence or matter of fact to support a
large class action suit.
Disposition (what was the outcome or penalty):
●
The court trial ultimately determined to deny the class action suit.
Reasoning:
●
When the court reviewed requirements of the OCGA, they ultimately determined that the class did not
fit all of the requirements for a class action lawsuit. This ultimately led to the court not being able to
analyze the misrepresentation claim against Fairhaven.
Your Thoughts?:
●
I understand that the class action was very vague, and varied. However, I do wish that the trial court had
been able to review the misrepresentation claim. I do think it was a misrepresentation of services for the
funeral home to not disclose the extra charges. These families were practically paying for the funeral
home’s advertising in the newspaper. That is unfair, and is something the family should have had a
choice in.
https://caselaw.findlaw.com/court/ga-court-of-appeals/1585189.html
Discover more documents: Sign up today!
Unlock a world of knowledge! Explore tailored content for a richer learning experience. Here's what you'll get:
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help