CLASSIFIED: Carlton Fields' Class Action Blog

Non-economic Conflict Results In Failure to Satisfy Adequacy of Representation
February 1, 2007 12:06 PM | Posted by Dean Morande | Print this page
In Grimes v. Fairfield Resorts, Inc., No. 06-14363, 2007 WL 245128 (11th Cir. Jan. 30, 2007) (unpublished), the plaintiff owned a timeshare interest, purchased from Fairfield.  The plaintiff was determined to be an inadequate representative where a large segment of the class derived a benefit from the very actions that formed the basis of the suit.

The plaintiff brought the class action on the theory that Fairfield was devaluing his interest by offering programs that permit owners to book stays at other locations.  It turns out a large segment of the class see these programs as beneficial. 

The court determined that the non-economic based conflict was sufficient to defeat the adequacy of representation requirement. 




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