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By stan_sipple

Missouri Supreme Court keeps it in the family: Plaintiffs in St Louis City Circuit Court class action against mortgage company obtained certification of a class that included any borrowers whom the defendant deceived into paying extra for credit reports. The class representatives were also related to some of the class plaintiffs' counsel. Missouri Supreme Court modifies the class to include all those who incurred the charges; it was improper for the trial court to define the class to the those who met the legal conclusion the plaintiffs sought from the litigation. The class representatives could include relatives of the plaintiffs because if problems arise, the court could take care of them later. Brennan and Kimberly Vandyne, Individually and as Class Representatives, Respondents v. Allied Mortgage Capital Corp., Appellant.: SC88273The class definition in this case contains a legal conclusion that requires the court to resolve a paramount liability question in order to identify class membership. This is an improper merit determination. On remand, the class definition can be cured by eliminating the phrase "nondisclosures and false, unfair, deceptive or misleading disclosures" from the class definition.
Rule 52.08(a)(4) requires that, as a prerequisite to class certification, the trial court must find that: "the representative parties will fairly and adequately protect the interests of the class." Union Planters Bank, N.A. v. Kendrick, 142 S.W.3d 729, 735-36 (Mo. banc 2004). The fact that one attorney for the class is related to a named plaintiff does not necessarily mean that counsel or the class representative cannot adequately represent other aggrieved mortgage customers. Additionally, there are multiple attorneys representing the class, and, should a demonstrable conflict arise, the circuit court retains the authority to substitute counsel or plaintiff so as to protect the interests of the class."

Full post as published by Showmeblawgs on January 20, 2008 (boomark / email).