BASILE v. H & R BLOCK, INC.

No. 37 EAP 2011.

52 A.3d 1202 (2012)

Sandra BASILE, on Behalf of herself and all others similarly situated, Appellees v. H & R BLOCK, INC. and H & R Block Eastern Tax Services, Inc., Appellants.

Supreme Court of Pennsylvania.

Decided September 7, 2012.


Attorney(s) appearing for the Case

John J. Cunningham IV , William H. Lamb , Maureen Murphy McBride , James C. Sargent Jr. , Lamb McErlane PC, West Chester, for H & R Block, Inc., and H & R Block Eastern Tax Services, Inc.

Steven E. Angstreich , Carolyn Chernick Lindheim , Weir & Partners, L.L.P., Philadelphia, for Sandra Basile, on behalf of herself and all others similarly situated.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Justice SAYLOR.

This appeal concerns a class action premised upon alleged breaches of fiduciary duties. At issue is whether the common pleas court appropriately decertified the class based on its conclusion that a necessary element of the plaintiffs' proof — the presence of a confidential relationship — was not amenable to class treatment.

The case has a lengthy, circuitous history. Pertinent aspects of the background...

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