Barbara J. Key v. Gillette Co., 782 F.2d 5 (1st Cir. 1986). · Go Syfert
Barbara J. Key v. Gillette Co., 782 F.2d 5 (1st Cir. 1986). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 2022–2024 · …cases on their merits whenever reasonably possible. at p. 1470 ⚠ not in text
60 citation events (42 in the last 25 years) across 22 distinct courts.
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (rule) Amazon.com Inc v. Peng
W.D. Wash. · 2024 · confidence medium
Default judgment is “ordinarily disfavored,” because courts 4 prefer to decide “cases on their merits whenever reasonably possible.” Eitel v. McCool, 782 F.2d 5 1470, 1472 (9th Cir. 1986) (affirming district court’s denial of default judgment).
cited Cited as authority (rule) Puget Sound Electrical Workers Healthcare Trust v. Pacific Ship Repair & Fabrication Inc
W.D. Wash. · 2023 · confidence medium
Default judgment is “ordinarily disfavored,” because courts 4 prefer to decide “cases on their merits whenever reasonably possible.” Eitel v. McCool, 782 F.2d 5 1470, 1472 (9th Cir. 1986).
cited Cited as authority (rule) Northwest Administrators Inc v. KCD Trucking Inc
W.D. Wash. · 2022 · confidence medium
Default judgment is “ordinarily disfavored,” because courts 4 prefer to decide “cases on their merits whenever reasonably possible.” Eitel v. McCool, 782 F.2d 5 1470, 1472 (9th Cir. 1986).
cited Cited as authority (rule) Locals 302 and 612 of the International Union of Operating Engineers Construction Industry Health and Security Fund v. 509 Excavating LLC
W.D. Wash. · 2022 · confidence medium
Default judgment is “ordinarily disfavored,” because courts 4 prefer to decide “cases on their merits whenever reasonably possible.” Eitel v. McCool, 782 F.2d 5 1470, 1472 (9th Cir. 1986).
discussed Cited as authority (rule) Borum v. Brentwood Village, LLC
D.D.C. · 2019 · confidence medium
See Georgine v. Amchem Prods., Inc., 83 F.3d 610 , 630–31 (3d Cir. 1996) (providing for decertification based on fundamental conflict of interest between two subgroups of class members rather than between a single class representative and rest of the class); Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir. 1986) (providing for decertification because of inadequate representation by class counsel rather than 22 by class representative). 8 Second, Defendants argue that, given the “substantial evidence that many residents . . . disagree with the objectives of this litigation . . . [,] it is unlik…
discussed Cited as authority (rule) Byer Clinic & Chiropractic, Ltd. v. Kapraun
Ill. App. Ct. · 2016 · confidence medium
See Unger v. Amedisys Inc., 401 F.3d 316, 321 (5th Cir. 2005) (“Class representatives must satisfy the court that they, and not counsel, are directing the litigation.”); Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir. 1986) (adequacy “requirement is particularly important because the due -9- No. 1-14-3733 process rights of absentee class members may be implicated if they are bound by a final judgment in a suit where they were inadequately represented by the named plaintiff”); Horton v. Goose Creek Independent School District, 690 F.2d 470 , 484 (5th Cir. 1982) (“The adequacy requirement…
discussed Cited as authority (rule) Byer Clinic and Chiropractic, Ltd. v. Kapraun
Ill. App. Ct. · 2016 · confidence medium
See Unger v. Amedisys Inc., 401 F.3d 316, 321 (5th Cir. 2005) (“Class representatives must satisfy the court that they, and not counsel, are directing the litigation.”); Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir. 1986) (adequacy “requirement is particularly important because the due -9- No. 1-14-3733 process rights of absentee class members may be implicated if they are bound by a final judgment in a suit where they were inadequately represented by the named plaintiff”); Horton v. Goose Creek Independent School District, 690 F.2d 470 , 484 (5th Cir. 1982) (“The adequacy requirement…
cited Cited as authority (rule) Garcia v. Tyson Foods, Inc.
D. Kan. · 2012 · confidence medium
See Briggs v. Anderson, 796 F.2d 1009, 1017-19 (8th Cir.1986); Key v. Gillette Co., 782 F.2d 5, 6-7 (1st Cir.1986).
discussed Cited as authority (rule) United Food & Commercial Workers Union v. Chesapeake Energy Corp.
W.D. Okla. · 2012 · confidence medium
“Once the decision to certify a class has been made, the court remains under a continuing duty to monitor the adequacy of representation to ensure that class counsel provides zealous, competent representation through the proceedings and to address conflicts of interests if they develop.” In re Integra Realty Resources, Inc., 262 F.3d 1089, 1112 (10th Cir. 2001) (citing Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986); In re Fine Paper Antitrust Litig., 617 F.2d 22, 27 (3d Cir.1980)).
discussed Cited as authority (rule) Donald J. Roberts IRA v. Phillip H. McNeill, Sr.
Tenn. Ct. App. · 2011 · confidence medium
Ctr., Inc., 586 F.2d 457, 462 (5th Cir. 1978); Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir. 1986); In re General Motors Corp. Engine Interchange Litig., 594 F.2d 1106 , 1124 (7th Cir.), cert. denied, 444 U.S. 870 (1979); Burns v. U.S. R.R.
discussed Cited as authority (rule) Brown v. Colegio De Abogados De Puerto Rico
1st Cir. · 2010 · confidence medium
Colegio next argues that the class representatives do not adequately represent the interests of the class as required by Rule 23(a)(4) and points to an October 18, 2008, resolution passed at a membership meeting opposing the present law suit. 5 Courts may alter certification orders prior to final judgment, Fed.R.Civ.P. 23(c)(1)(C), cf. Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986), but the vote is an inadequate basis for reconsideration, especially when circumstances of the resolution are considered.
discussed Cited as authority (rule) Farmers Insurance Exchange v. Benzing (2×)
Colo. · 2009 · confidence medium
Co., 54 F.3d 1207, 1212 (5th Cir.1995); Key v. Gillette Co., 782 F.2d 5, 6-7 (1st Cir.1986); Briggs v. Anderson, 796 F.2d 1009, 1017 (8th Cir.1986); Samuel v. Univ. of Pittsburgh, 538 F.2d 991 , 996 n. 5 (3d Cir.1976).
discussed Cited as authority (rule) Benzing v. Farmers Insurance Exchange (2×)
Colo. Ct. App. · 2008 · confidence medium
See Birmingham Steel Corp. v. Tennessee Valley Auth., 353 F.3d 1331, 1335 (11th Cir.2003); Paton v. New Mexico Highlands Univ., 275 F.3d 1274, 1278 (10th Cir. 2002); Pederson v. Louisiana State Univ., 213 F.3d 858 , 866 (5th Cir.2000); Lowery v. *108 Circuit City Stores, Inc., 158 F.3d 742, 757 (4th Cir.1998), vacated on other grounds, 527 U.S. 1031 , 119 S.Ct. 2388 , 144 L.Ed.2d 790 (1999); Lusardi v. Xerox Corp., 975 F.2d 964, 973 (3d Cir.1992); Rossini v. Ogilvy & Mather, Inc., 798 F.2d 590, 596 (2d Cir.1986); Briggs v. Anderson, 796 F.2d 1009, 1017 (8th Cir.1986); Key v. Gillette Co., 782 …
cited Cited as authority (rule) Carrier, et al. v. American Bankers
D.N.H. · 2008 · confidence medium
Gillette C o ., 782 F.2d 5, 7 (1st Cir. 1986).
discussed Cited as authority (rule) Richards v. Fleetboston Financial Corp.
D. Conn. · 2006 · confidence medium
Furthermore, as part of its continuing duty to assure adequacy of representation in a class action suit, see Key v. Gillette Co., 782 F.2d 5, 7 (1 st Cir.1986), the court may always decide to modify or decertify the class in the future, thus assuring that no subset of the class would be deprived of due process as this case goes forward, even though Richards asks the court to certify a class that would not permit members to opt out.
discussed Cited as authority (rule) Richards v. FleetBoston Financial Corp.
D. Conn. · 2006 · confidence medium
Moreover, as part of its continuing duty to assure adequacy of representation in a class action suit, see Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986), the court may always decide to modify or decertify the class in the future.
discussed Cited as authority (rule) Craft v. Philip Morris Companies, Inc.
Mo. Ct. App. · 2005 · confidence medium
Union Planters, 142 S.W.3d at 735 . “ ‘This requirement is particularly important because the due process rights of absentee class members may be implicated if they are bound by a final judgment in a suit where they were inadequately represented by the named plaintiff.’ ” Id. at 735-36 (quoting Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986)).
examined Cited as authority (rule) State Ex Rel. Union Planters Bank, N.A. v. Kendrick (4×)
Mo. · 2004 · confidence medium
“This requirement is particularly important because the due process rights of absentee class members may be implicated if they are bound by a final judgment in a suit where they were inadequately represented by the named plaintiff.” Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986) (internal citations omitted). 2.
cited Cited as authority (rule) Geer v. Cox
D. Kan. · 2003 · confidence medium
Id. (citing Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986)). .
cited Cited as authority (rule) Daenzer v. Wayland Ford, Inc.
W.D. Mich. · 2002 · confidence medium
Key v. Gillette Co., 782 F.2d 5, 6 (1st Cir.1986) (finding that the requirements of Rule 23(a) are mandatory).
discussed Cited as authority (rule) Teresa Barney and Randy Barney, Bonita Waldron, on Behalf of Themselves and Others Similarly Situated, Intervenor-Appellant v. Holzer Clinic, Ltd. (2×) also: Cited "see"
6th Cir. · 1997 · confidence medium
See Fed.R.Civ.P. 23(c)(3) Advisory Committee Notes (1966 Amendment) ("The court ... in framing the judgment in any suit brought as a class action, must decide what its extent or coverage shall be, and if the matter is carefully considered, questions of res judicata are less likely to be raised at a later time and if raised will be more satisfactorily answered.’’); Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986) (affirming district court’s post-verdict decertification of class on basis of inadequate representation); Stastny v. Southern Bell Tel. and Tel.
discussed Cited as authority (rule) Zapata v. IBP, Inc. (2×) also: Cited "see"
D. Kan. · 1996 · confidence medium
Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986).
cited Cited as authority (rule) Rand v. Cullinet Software, Inc.
D. Mass. · 1994 · confidence medium
Key v. Gillette, 782 F.2d 5, 6 (1st Cir.1986).
cited Cited as authority (rule) Edgington v. R.G. Dickinson & Co.
D. Kan. · 1991 · confidence medium
Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986).
discussed Cited as authority (rule) Skeet v. Sears, Roebuck & Co.
D. Kan. · 1991 · confidence medium
Rule 23(a)(4) requires that the named representative have common interests with the unnamed class members, Bishop v. Committee on Professional Ethics, Etc., 686 F.2d 1278 , 1289 (8th Cir.1982), and that the named plaintiff’s counsel be qualified to “vigorously and adequately prosecute the interests of the class.” Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986); Wetzel v. Liberty Mutual Ins.
cited Cited as authority (rule) Arney v. Finney
D. Kan. · 1991 · confidence medium
Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986).
discussed Cited as authority (rule) Fetterman v. University of Connecticut
Conn. Super. Ct. · 1988 · confidence medium
Ed. 2d 453 (1977), failure promptly to move for class certification “bears strongly on the adequacy of representation that those class members might expect to receive.” Fair and adequate representation “is particularly important because the due process rights of absentee members may be implicated if they are inadequately represented by the named plaintiff.” Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir. 1986).
discussed Cited "see" Bradley v. Bradley (2×)
D. Ariz. · 2023 · signal: see · confidence high
See Eitel v. McCool, 782 F.2d 5 1470 , 1471–72 (9th Cir. 1986).
cited Cited "see" (PS) Martin v. Mez
E.D. Cal. · 2021 · signal: see · confidence high
See Eitel v. McCool, 782 F.2d 5 1470, 1471-72 (9th Cir. 1986).
cited Cited "see" Thomasson v. GC Services Ltd. Partnership
S.D. Cal. · 2011 · signal: see · confidence high
See Key v. Gillette Co., 782 F.2d 5, 6 (1st Cir.1986). b.
cited Cited "see" In Re Pharmaceutical Industry Average Wholesale Price Litigation
1st Cir. · 2009 · signal: see · confidence high
See Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir. 1986).
cited Cited "see" Howe v. Townsend
1st Cir. · 2009 · signal: see · confidence high
See Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986).
cited Cited "see" Labombard v. Textron Automotive
1st Cir. · 2000 · signal: see · confidence high
See Key v. Gillette Company, 782 F.2d 5 (1 st Cir. 1986); Andrews v. Bechtel Power Corporation, 780 F.2d 124 , 130 (1st Cir. 1985).
cited Cited "see" Robin v. Doctors Officenters Corp.
N.D. Ill. · 1988 · signal: see · confidence high
See Key v. Gillette Co., 104 F.R.D. 139, 141 (D.Mass.1985), aff'd, 782 F.2d 5 (1st Cir.1986).
discussed Cited "see" Mayfield v. Meese
D.D.C. · 1988 · signal: see · confidence high
See Key v. Gillette Co., 782 F.2d 5, 6-7 (1st Cir.1986); National Ass’n of Regional Medical Programs, Inc. v. Mathews, 551 F.2d 340, 346 (D.C.Cir.1976), ce rt. denied, 431 U.S. 954 , 97 S.Ct. 2674 , 53 L.Ed.2d 270 (1977).
cited Cited "see, e.g." Weinman v. Fidelity Capital Appreciation Fund (In Re Integra Realty Resources, Inc.)
10th Cir. · 2001 · signal: see, e.g. · confidence medium
See, e.g., Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986); In re Fine Paper Antitrust Litig., 617 F.2d 22, 27 (3d Cir.1980).
discussed Cited "see, e.g." Smith v. Armstrong
D. Conn. · 1997 · signal: see also · confidence medium
See also Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir.1986)(the requirement of Rule 23(a)(4) “is particularly important because the due process rights of absentee class members may be implicated if they are bound by a final judgment in a suit where they were inadequately represented by the named plaintiff.”).
discussed Cited "see, e.g." In Re: Integra Realty Resources, Inc. Integra - a Hotel and Restaurant Company Bhc of Denver, Inc., Debtors. Jeffrey A. Weinman, as Trustee for the Integra Unsecured Creditors' Trust v. Fidelity Capital Appreciation Fund, - Ad Hoc Protective Committee for Show Biz Stockholders Rodney J. Axtell, Individually and as Custodian for Jonathan Axtell Mary E. Axtell Eunice H. Beck Robert R. Beck Richard H. Beck Eleanor S. Beck Michael Benenson Kerri Beneson, as Trustees Julius B. Binder, as Trustee Binders' Big Men's Store, Inc. James Bogeazis Joseph M. Cocquoyt Maurice Gardler David Gardner Martin Greenberg Leon Gredahl Robert J. Harris Michael J. Hayes Edward Herzig Rodney William Kennow Richard O. Jacobson Fern Lazar Murray Lazar Kathryn L. Ludgren Joseph Mastrangelo Charles H. Morin Herbert Nadler Rochelle Nadler Frank Nichol Barbara Nichol Robert v. Palan, Individually and as Custodian for David Barry Charles Potter Racquel-Division of Binder's Big Men's Store Gladys Ryan Donald J. Resnick Rachnall Schlafstein Sydelle Schechter John T. Sheehy Carl Schechter Seidman & Seidman, Pc Profit Sharing Trust James R. Shapiro Leon D. Sheldahl Irving Sirota E. Thomas Spengler Hjalmar J. Sundin, as Trustee Frederick K. Watson, Jr. Ben Wong, Jr. Benjamin B. Wong Grace C. Wong Vance E. Vorhees Lawrence Zucker, and Any and All Additional Parties Who Either Have Joined or Will Join the Said Committee, - Jeffrey A. Weinman, as Trustee for the Integra Unsecured Creditors' Trust v. Fidelity Capital Appreciation Fund, - Ad Hoc Protective Committee for Show Biz Stockholders Rodney J. Axtell, Individually and as Custodian for Jonathan Axtell Mary E. Axtell Kamal Barsoum Eunice H. Beck Robert R. Beck Richard H. Beck Eleanor S. Beck Michael Benenson Kerri Beneson, as Trustees Julius B. Binder, as Trustee Binders' Big Men's Store, Inc. James Bogeazis Joseph M. Cocquoyt Darrell H. Cooper Robert Domine Maurice Gardler David Gardner Martin Greenberg Leon Gredahl Perry Green Robert J. Harris Michael J. Hayes Edward Herzig Rodney William Kennow Fern Lazar Murray Lazar Kathryn L. Ludgren Joseph Mastrangelo Charles H. Morin Herbert Nadler Rochelle Nadler Frank Nichol Barbara Nichol Nicole Neiman Robert v. Palan, Individually and as Custodian for David Barry Charles Potter Racquel-Division of Binder's Big Men's Store Gladys Ryan Donald J. Resnick Elsie v. Rosamen Serita Server Rachnall Schlafstein Sydelle Schechter John T. Sheehy Carl Schechter Seidman & Seidman, Pc Profit Sharing Trust James R. Shapiro Leon D. Sheldahl Irving Sirota Hjalmar J. Sundin, as Trustee Frederick K. Watson, Jr. Ben Wong, Jr. Benjamin B. Wong Grace C. Wong Vance E. Vorhees Jerome Younger Marcella Youner Lawrence Zucker, - Jeffrey A. Weinman, as Trustee for the Integra Unsecured Creditors' Trust v. Fidelity Capital Appreciation Fund, - Ad Hoc Protective Committee for Show Biz Stockholders Eugene Shine and Edward C. Cafmeyer, - Jeffrey A. Weinman, as Trustee for the Integra Unsecured Creditors' Trust v. John E. Anderson Jane Anderson, - Jeffrey A. Weinman, as Trustee for the Integra Unsecured Creditors' Trust v. Vanguard Group, Inc., - Fidelity Capital Appreciation Fund, Intervenor. Jeffrey A. Weinman, as Trustee for the Integra Unsecured Creditors' Trust v. Russell Hawley Gerald Buckman Robert Frankiewicz Bernard Neuman, Custodian for Jordan Abba Neuman Utma Il Jordan Neuman Jonathan Neuman James S. Saunoris Sandra R. Saunoris James S. Saunoris and Wayne Hummer & Co., Custodian Fbo James S. Saunoris Ira Plan Keith J. Peetz Louis Bory Grace Charles, Fbo Grace Charles Ira Michael J. Connelly Ronald Manzi Bernard Packer, Fbo Bernard Packer Ira and Trustee(s) Thereof Joseph Regan Kenneth J. Greenberg Sherrie Greenberg Edwin Blair Plyler Ellen Plyler John J. Wilk, - Harriet Yang and Automated Electronics Corporation, Fidelity Capital Appreciation Fund, Intervenor. Jeffrey A. Weinman, as Trustee for the Integra Unsecured Creditors' Trust v. Raleigh Emery Catherine Emery Arnold Cutkomp Joellen Cutkomp, Also Known as Ellen Cutkomp Michael Bergantino Michael Bergantino, Trustee Fbo Michael Bergantino Ira Peggie Bergantino Melvin Churovich Ruth E. Churovich G. James Zyskowski Marilyn J. Zyskowski Marilyn J. Zyskowski, Custodian Fbo Julie Anne Zyskowski Ugma Mn
10th Cir. · 1983 · signal: see, e.g. · confidence medium
See, e.g., Key v. Gillette Co., 782 F.2d 5, 7 (1st Cir. 1986); In re Fine Paper Antitrust Litig., 617 F.2d 22, 27 (3d Cir. 1980). 71 Fidelity's purported conflicts did not render it inadequate to represent the class either at the beginning of the proceedings or at any later stage of the litigation.
Retrieving the full opinion text from the archive…
Barbara J. KEY, Plaintiff, Appellant,
v.
GILLETTE COMPANY, Defendant, Appellee
Douglas F. Seaver with whom Timothy Q. Feeley and Gaston Snow and Ely Bartlett, Boston, Mass., were on brief for plaintiff, appellant., Richard L. Neumeier with whom Gary D. Buseck and Parker, Coulter, Daley & White, Boston, Mass., were on brief for defendant, appellee.
Campbell, Bownes, Cerezo.
Cited by 44 opinions  |  Published
CEREZO, District Judge.

The issue in this appeal is whether the district court abused its discretion in revoking the class certification, 104 F.R.D. 139 (D.C.Mass.), after the court had ruled against the plaintiff on her individual claim.

Barbara J. Key filed this sex discrimination in employment action on behalf of herself and all women who held any exempt position (salaried, nonhourly employees) at any of the Massachusetts facilities of The Gillette Company during the years 1968 through 1975, inclusive. It was alleged that Gillette regularly paid women less than comparably qualified men and relegated women to the lower paying job grades.

The issue of certification has been forcefully argued since the early stages of this litigation and has been a constant source of controversy. When the class was originally certified in 1979, notice was sent to all potential members of the class, inviting them to intervene if they so desired. None responded to this notice. Following a bench trial, the court dismissed plaintiff’s individual claim and decertified the class. Plaintiff only appealed from the judgment of the district court with respect to the issue of decertifiation. The case was remanded in 1983 to allow the district court to decide that issue after hearing argument on the possibility that the statute of limitations had run on the claims of other members of the class and on appellant’s representation that others in the class would have come forward to participate in the litigation, if so requested, once they learned that she had lost. The parties were given time to file memoranda on these matters. On remand, the district court rejected these arguments stating that the limitations period was tolled during the time that the class action was pending and that class-wide notices elicited no response whatsoever from any putative class member. The district court also observed that Key’s inability to support her individual claim of discrimination was by no means the sole basis for its prior decision to decertify.

On this second appeal, appellant does not challenge the court’s disposition of the two matters which prompted a remand. Instead, she has renewed her general objection to the decertification ruling as being erroneous and seeks a detailed review of the merits of the case arguing that the district court acted on an erroneous premise when it applied Rule 23 criteria. The applicable standard of review is whether[*7] the district court abused its discretion in decertifying the class. We find there was no abuse of discretion. See DeGrace v. Rumsfeld, 614 F.2d 796, 809, n. 12 (1st Cir.1980); Lamphere v. Brown University, 553 F.2d 714, 720 (1st Cir.1977).

As both parties recognize, all four requirements of Rule 23(a) must be met in order for certification of a class to be proper. Katz v. Carte Blanche Corporation, 496 F.2d 747, 756 (3rd Cir.), cert. denied, 419 U.S. 885, 95 S.Ct. 152, 42 L.Ed.2d 125 (1974). One of the most important of these requirements is that the representative party fairly and adequately represent the interests of the class. Rule 23(a)(4). This requirement is particularly important because the due process rights of absentee class members may be implicated if they are bound by a final judgment in a suit where they were inadequately represented by the named plaintiff. Dierks v. Thompson, 414 F.2d 453, 456 (1st Cir.1969); see also Scott v. University of Delaware, 601 F.2d 76, 85 (3rd Cir.), cert. denied, 444 U.S. 931, 100 S.Ct. 275, 62 L.Ed.2d 189 (1979); National Ass’n of Regional Medical Programs, Inc. v. Mathews, 551 F.2d 340, 346 (D.C.Cir.), cert. denied, 431 U.S. 954, 97 S.Ct. 2674, 53 L.Ed.2d 270 (1977); Helfand v. Cenco, Inc., 80 F.R.D. 1, 7 (N.D.I11.1977). An essential ingredient of this requirement is that the class representative’s attorneys be qualified to vigorously and adequately prosecute the interests of the class. Wetzel v. Liberty Mutual Insurance Co., 508 F.2d 239, 247 (3rd Cir.), cert. denied, 421 U.S. 1011, 95 S.Ct. 2415, 44 L.Ed.2d 679 (1975) . The court has an ongoing duty to make sure that this requirement is complied with at all stages of the litigation. In re General Motors Corp. Engine Interchange Litigation, 594 F.2d 1106, 1124 (7th Cir.), cert. denied, Oswald v. General Motors Corp., 444 U.S. 870, 100 S.Ct. 146, 62 L.Ed.2d 95 (1979); Grigsby v. North Miss. Medical Center, Inc., 586 F.2d 457, 462 (5th Cir.1978). In the present case, the district court found that the weak presentation of the individual discrimination claim, the serious deficiencies in the methodology of the principal expert, the failure of appellant’s attorney to present the expert’s testimony in a manner that could be understood by the court and his general lackluster performance during trial all reflected appellant’s inability to “fairly and adequately protect the interests of her class.” Whether or not the court “operated under [an] erroneous legal premise[],” DeGrace, 614 F.2d at 809, n. 12, in applying Rule 23(a)(2)’s commonality of interest requirement, there was sufficient basis in the record to decertify because the requirement of fair and adequate representation of rule 23(a)(4) was not met. Cf. Wrighten v. Metropolitan Hospitals, Inc., 726 F.2d 1346, 1352 (9th Cir.1984) (no abuse in discretion in not certifying class based on doubts as to competency of counsel). The district court’s decertification ruling was really intended to protect absentee class members from the possible adverse res judicata effects of the case and to preserve for them the opportunity of presenting a better prepared case in the future. Its ruling was not an abuse of discretion and is, therefore,

Affirmed.