de novo review of a summary judgment
How later courts described this case
- de novo review of a summary judgment
Written by the judges who cited it.
The opinion
I concur fully in the rationale and judgment affirming the summary judgment. But for one exception, I also concur in the rationale and judgment affirming the decertification of the class. The exception is that I do not agree with the main opinion insofar as it finds persuasive that part of the rationale of the trial court, quoted in the main opinion, to the effect that the defendants' counterclaims against some defaulting class members "would create the result that individual proof of claims would predominate over class claims and destroy the manageability of the class." *Page 417