In re: Kelly Benefits Data Breach Litigation

Summary

The United States District Court for the District of Maryland appoints Raina Borelli and James Pizzirusso as Interim Co-Lead Class Counsel and Cy Smith as Interim Liaison Counsel in the consolidated Kelly Benefits data breach litigation. Applying Federal Rule of Civil Procedure 23(g), the court favors the Gale Slate based on its earlier filing, work advancing consolidation, majority support, proposed cost-minimizing billing protocol, and litigation resources. The court grants ECF 17 and denies competing applications at ECF 22 and 23.

Holdings

1. When more than one adequate applicant seeks appointment as interim class counsel, the court must appoint the applicant best able to represent the interests of the putative class.
2. The Gale Slate was the applicant best able to represent the interests of the putative class and therefore was entitled to appointment as interim co-lead and liaison counsel.

Questions Presented

1. Which of three competing applicant groups was best able to represent the interests of the putative class under Federal Rule of Civil Procedure 23(g)?
2. What factors should the court consider in selecting interim class counsel before class certification?

Disposition

other