Driver Solutions, LLC v. Michael Downey, Paul Mitchell, and Joseph McAfee

Summary

The court affirmed class certification because the proposed class satisfied Rule 23's requirements, including commonality, predominance, typicality, superiority, and ascertainability. It held that the common question whether Driver Solutions operated as a statutorily defined school without the required license could be resolved on a class-wide basis, and that facial issues concerning materially uniform enrollment agreements were likewise suitable for class treatment. The court declined to decide the broader retroactivity and constitutionality issues concerning Act 986 in this interlocutory appeal. Justice Womack concurred in part and dissented in part without a written opinion.