Dist. Ct. abused its discretion in granting class action treatment to plaintiff’s lawsuit that raised due process challenges to defendant-City’s ordinance and procedures that allowed defendant to tow and dispose of plaintiff’s vehicle after making determination that said vehicle had been abandoned on defendant’s street. Dist. Ct. had failed to properly analyze plaintiff’s seven claims to determine whether there were common, individual and/or predominant issues regarding whether plaintiff had actual notice that her car would be towed or disposed of, and whether plaintiff’s claims were factual or as-applied challenges. Dist. Ct. further failed to clearly define proposed classes and claims and to properly analyze whether plaintiff, who received notice of defendant’s actions through her daughter, would be adequate representative for all proposed class members in view of Memphis Light, 436 U.S. 1.
Federal 7th Circuit Court
Civil Court
Class Action