By: Philip J. Bezanson
Common sense dictates that some customers of an on-line brokerage service are bound to have some of the same difficulties in conducting business but that does not mean all customers or even many customers had the same problems. In addition, as to customers who may have had problems executing buy and/or sell orders, there are many variables regarding the circumstances and conditions for each customer’s transaction. Variables such as, but not limited to, account status, time of order, i.e., time of day and day of the week, and the customer’s computer modem capabilities and internet service provider. Plaintiffs fail to allege sufficient evidence that this claim is typical of the proposed class under like or similar circumstances.
Cite: 2002 Duke L. & Tech. Rev. 0022