United States Third Circuit

A proposed class representative is neither typical nor adequate if the representative is subject to a unique defense that is likely to become a major focus of the litigation.

Appellate Information

• Argued 04/27/2006
• Decided 08/04/2006
• Published 08/04/2006

Judges

• SCIRICA, Chief Judge., Before SCIRICA, Chief Judge, NYGAARD and ALARCÓN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James A. Keller, (Argued), James F. Kilcur, Saul Ewing LLP, Philadelphia, Pennsylvania, for Appellant.


• For Appellees:
  
• James A. Francis, (Argued), Francis & Mailman, P.C., Philadelphia, Pennsylvania, David A. Searles, Donovan Searles, LLC, Philadelphia, Pennsylvania, for Appellee.