Misconduct by counsel requires denial of class certification.
“To suggest as the district court did that ‘only the most egregious misconduct’ by class counsel should require denial of class certification on grounds of lack of adequate representation was bad enough. To rule that only the most egregious misconduct ‘could ever arguably justify denial of class status,’ as the court went on to hold, would if taken literally condone, and by condoning invite, unethical conduct. Misconduct by class counsel that creates a serious doubt that counsel will represent the class loyally requires denial of class certification. See Culver v. City of Milwaukee, supra, 277 F.3d at 913.”
Vacated and Remanded.
11-8020 Creative Montessori Learning Centers v. Ashford Gear, LLC
Petition for Permission to Appeal from the United States District Court for the Northern District of Illinois, Gettleman, J., Posner, J.