Matter of Yenis C. v. Daniel R.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that numerosity requirement is not satisfied by a “magic number,” but “numerosity is generally presumed at a level of 40 [or more] members”
• finding that the “district court acted within its discretion in decertifying the class on the ground that class counsel [Troy Law] was no longer adequately representing the class”
• stating that a significant intervening event is not required to decertify a class
• holding a district court may sua sponte decertify a class action, even on the eve of trial, if it finds class counsel is no longer fairly and adequately representing the interests of the class
• affirming decertification of a class where counsel attempted to delay trial, attempted to reopen discovery, failed to submit adequate witness lists, and indicated that only two class witnesses would be called at trial
• “it is class counsel, not the class representatives, who are truly litigating the class’s claims.”

Source: CourtListener parenthetical corpus (CC0).