McCANN v. SULLIVAN UNIVERSITY SYSTEM, INC.

2015-SC-000144-DG.

528 S.W.3d 331 (2017)

Mary E. McCANN (Individually and on Behalf of All Others Similarly Situated), Appellant v. The SULLIVAN UNIVERSITY SYSTEM, INC., d/b/a Sullivan University College of Pharmacy, et al., Appellee.

Supreme Court of Kentucky.

August 24, 2017.


Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Theodore W. Walton , Garry Richard Adams, Jr.

COUNSEL FOR APPELLEES, THE SULLIVAN UNIVERSITY SYSTEM, INC., D/B/A/ SULLIVAN UNIVERSITY COLLEGE OF PHARMACY, SULLIVAN COLLEGE OF TECHNOLOGY AND DESIGN, SULLIVAN UNIVERSITY GLOBAL E-LEARNING, DALE CARNEGIA KENTUCKIANA, INTERNATIONAL CENTER FOR DISPUTE RESOLUTION LEADERSHIP, SULLIVAN UNIVERSITY, LOUISVILLE TECHNICAL INSTITUTE, THE NATIONAL CENTER FOR HOSPITALITY STUDIES, INSTITUTE FOR PARALEGAL STUDIES, SPENCERIAN COLLEGE AND INTERIOR DESIGN INSTITUTE: Grover C. Potts, Jr. , Michelle Deann Wyrick , Rania Marie Basha , Louisville, Emily Christine Lamb.

COUNSEL FOR APPELLEES, THE KENTUCKY CHAMBER OF COMMERCE ("CHAMBER"), AND THE KENTUCKY SOCIETY FOR HUMAN RESOURCES MANAGEMENT ("KYSHRM"): Jeffrey Alan Savarise , Louisville, John Choate Roach , Lexington, Timothy James Weatherholt , Louisville.

COUNSEL FOR APPELLEE, JEFFERSON COUNTY TEACHERS ASSOCIATION (JCTA): Thomas J. Schulz , Louisville.

COUNSEL FOR APPELLEE, KENTUCKY EQUAL JUSTICE CENTER ("KEJC") AND JOBS WITH JUSTICE: John Christopher Sanders , McKenzie Cantrell.

COUNSEL FOR APPELLEES, KENTUCKY JUSTICE ASSOCIATION, KENTUCKY CHAPTER OF AMERICAN FEDERATION OF LABOR AND CONGRESS ODF INDUSTRIAL ORGANIZATIONS, KENTUCKY STATE BUILDING AND CONSTRUCTION TRADE COUNCIL, RIVER CITY FRATERNAL ORDER OF POLICE LODGE 614, INC., TEAMSTERS LOCAL 783, INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AND UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION: Kevin Crosby Burke , Louisville, Irwin H. Cutler, Jr. , David Lindsay Leightty , Louisville, Jamie Kristin Neal.

COUNSEL FOR APPELLEE, UPS CERTIFIED CLASS, Andrew J. Home , Michael Douglas Grabhorn , Louisville.


Mary McCann filed a CR 23 motion to certify a class action in Jefferson Circuit Court. The trial court denied that motion as a matter of law and McCann appealed. The Court of Appeals affirmed the trial court's judgment and held KRS 337.385 does not authorize class actions. McCann then moved this Court for...

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