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Re: Manhattan Club Lawsuit (by Dks):

jills465 wrote:

Deborah and others - I'm not a lawyer but have worked in litigation as a paralegal for 35-plus years. The requirement in Wikipedia that "we all must be injured in the same way" disqualifies TMC owners from being in a class suit (in my opinion, of course). Of the 15,000 - +/- owners, not all were victims of (alleged) criminal practices. Also, the case settled b4 a court judgment, so the fact that TMC was investigated for fraudulent activities is not proof they were guilty of any wrong doing. That's why cases settle. CD litigation looks like class action but only named plaintiffs get relief from the developer's defective housing construction. Others in the neighborhood who have the same leaky roofs or cracked foundations are out of luck if they are "absent" from being named in the complaint. With TMC, the civil charges are more breach of contract claims. (Private citizens can't file criminal charges- only municipalities can.). There were differing kinds of sales contracts; different sales practices used against different people. Finally, class actions usually involves thousands (not just "more than 40") of people who are unknown to the court until the handful of named plaintiffs can get certified by the court as representative of unknown victims.

Jill, thank you for the feedback. Sounds like you know a lot more than I do about law.

As I shared in an earlier forum comment...we are once again in a wait and see what happens position with the settlement, not having any indication how the next level of the situation will unfold. I was curious as to whether the possibility of a class action suit exists, but first, I like many others want to see how this settlement plays out.

Seems like many others who participate in the forum, feel that the class action is a very real possibility and it sounds like it's not. I am trying to educate myself on such matters. So again, thank you for the feedback.