Publications

Section Newsletter Articles on Telephone Consumer Protection Act

Seventh Circuit throws the baby out with the bathwater in class action certification—Class counsel’s misconduct as basis for decertifying class: Creative Montessori Learning Centers v. Ashford Gear LLC, No. 11-8020 November 22, 2011 By Mark Rouleau Civil Practice and Procedure, January 2012 It seems strange that any otherwise appropriate class actions should be entirely decertified simply due to the conduct of the putative class counsel, which took place prior to the instigation of the suit. It would seem far more equitable, and in keeping with the interests of protecting the class members, for the court to appoint new or interim counsel, if current counsel’s conduct indicates that he will not “fairly and adequately” represent the entire class, rather than to throw its entire case out of court.