No. A-2009-10T1.

JENNIFER HEARN, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant/Cross-Respondent, v. RITE AID CORPORATION, a corporation of the State of Delaware, and RITE AID OF NEW JERSEY, Defendants-Respondents/Cross-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 2012.

Attorney(s) appearing for the Case

Saul Roffe argued the cause for appellant/cross-respondent (Stark & Stark, attorneys; John E. MacDonald and Mr. Roffe, of counsel and on the brief).

Patrick G. Brady argued the cause for respondents/cross-appellants (Epstein, Becker & Green and Post & Schell, attorneys; (Mr. Brady and Andrew Allison , of counsel; Mr. Brady, John M. O'Connor , Suzanne K. Brown and Julie Saker Schlegel , on the brief).

Before Judges Carchman, Fisher and Baxter.



Plaintiff Jennifer Hearn — the putative representative of a class composed of assistant managers (ASMs) employed at Rite Aid pharmacies — appeals the trial judge's denial of class certification. Because the record demonstrates the presence of common issues of fact and law, the trial judge erred in permitting the inevitable minor differences in each ASM's work experiences to override the efficient disposition...

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