HARRISON v. WAL-MART STORES, INC.

No. COA04-989.

613 S.E.2d 322 (2005)

Alex HARRISON, Karen Hicks, and Patricia Polk, on behalf of themselves and all others similarly situated, Plaintiffs, v. WAL-MART STORES, INC., a Delaware Corporation, Sam's Club, an operating segment of Wal-Mart Stores, Inc., and Richard Roes 1 through 75 and John Does 1 through 10, Store District, Club/General and Regional Managers, Defendants.

Court of Appeals of North Carolina.

June 7, 2005.


Attorney(s) appearing for the Case

Bell, Davis & Pitt, P.A., by William K. Davis, Stephen M. Russell, and Kevin G. Williams, Winston-Salem, for plaintiff-appellants.

Womble Carlyle Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr., Kurt D. Weaver, Sean E. Andrussier, and Elaine Whitford, Raleigh, for defendant-appellees.


WYNN, Judge.

In order to succeed on a motion for class certification, the moving party must demonstrate, inter alia, that: (1) the named and unnamed members of the proposed class have an interest in the same issues of law or fact; (2) common issues predominates over issues affecting only individual class members; and (3) no conflicts of interest exist between the named representatives and members of the class.

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