DiCERBO v. COMMISSIONER OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING

No. 98-P-1127.

54 Mass. App. Ct. 128 (2002)

ELLEN DICERBO & others v. COMMISSIONER OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING.

Court of Appeals of Massachusetts, Suffolk.

March 6, 2002.


Attorney(s) appearing for the Case

Andrew Kisseloff (Vida K. Berkowitz, Allan G. Rodgers, & James Breslauer with him) for the plaintiffs.

John E. Bowman, Jr., Assistant Attorney General, for the defendant.

Present: PORADA, KAPLAN, & GILLERMAN, JJ.


GILLERMAN, J.

The plaintiffs commenced this action on October 18, 1993, on behalf of themselves individually, and as a class action. See Mass.R.Civ.P. 23, 365 Mass. 767 (1974). Certification of a proposed class was denied on February 21, 1995. The action continued on behalf of the named plaintiffs; later, there was a certification of a newly defined class, as described below.

The principal questions presented on appeal are whether the Department of Employment...

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