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
Quick Summary

A class representative must fairly and adequately represent absent class members, a requirement the court must monitor throughout litigation because absentees' due process rights may be affected.

A named plaintiff sued on behalf of a putative class of female salaried employees alleging sex-based pay and job-grade discrimination, and lost on her individual claim at bench trial. The district court decertified the class, and the plaintiff appealed. The question is whether decertification was an abuse of discretion. The court applies the rule that all Rule 23(a) requirements must be met, with particular weight on whether the representative fairly and adequately represents the class, because absent members may be bound by a judgment. Finding inadequate representation supported by the record, the court affirms.

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
Cited for
At page 7 Evaluating class representative adequacy under rule 23(a)(4)24 citing casesadequacy “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 plaintiff2 citing courts put it this way · 23 listed here
  • Borum v. Brentwood Vill., LLC, No. 2016-1723 (D.D.C. Jan. 7, 2019).published
    (providing for decertification because of inadequate representation by class counsel rather than 22 by class representative)
  • Byer Clinic & Chiropractic, Ltd. v. Kapraun, 2016 IL App (1st) 143733, 48 N.E.3d 244.published 2 cites
    (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 r…)
  • United Food & Com. Workers Union v. Chesapeake Energy Corp., 281 F.R.D. 641 (W.D. Okla. 2012).published
    “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…
  • Donald J. Roberts IRA v. Phillip H. McNeill, Sr., No. W2010-01000-COA-R9-CV, 2011 WL 662648 (Tenn. Ct. App. Feb. 23, 2011).published
    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.
  • Brown v. Colegio De Abogados De Puerto Rico, 613 F.3d 44 (1st Cir. 2010).published
    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 su…
  • Farmers Ins. Exch. v. Benzing, 206 P.3d 812 (Colo. 2009).published 2 cites
    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).
  • Carrier v. Am. Bankers, 2008 DNH 031 (D.N.H. 2008).published
    Gillette C o ., 782 F.2d 5, 7 (1st Cir. 1986).
  • Richards v. Fleetboston Fin. Corp., 238 F.R.D. 345 (D. Conn. 2006).published
    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, th…
  • Richards v. FleetBoston Fin. Corp., 235 F.R.D. 165 (D. Conn. 2006).published
    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.
  • Craft v. Philip Morris Companies, Inc., 190 S.W.3d 368 (Mo. Ct. App. 2005).published
    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 repre…
Show 13 more citing cases
At page 6 Assessing adequacy of class representative's representation7 citing casesfinding that the requirements of Rule 23(a) are mandatory1 citing court put it this way
  • Garcia v. Tyson Foods, Inc., 890 F. Supp. 2d 1273 (D. Kan. 2012).published
    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).
  • Farmers Ins. Exch. v. Benzing, 206 P.3d 812 (Colo. 2009).published 2 cites
    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).
  • Benzing v. Farmers Ins. Exch., 179 P.3d 103 (Colo. Ct. App. 2008).published 2 cites
    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); Low…
  • Daenzer v. Wayland Ford, Inc., 210 F.R.D. 202 (W.D. Mich. 2002).published
    (finding that the requirements of Rule 23(a) are mandatory)
  • Rand v. Cullinet Software, Inc., 847 F. Supp. 200 (D. Mass. 1994).published
    Key v. Gillette, 782 F.2d 5, 6 (1st Cir.1986).
  • Thomasson v. GC Servs. Ltd. P'ship, 275 F.R.D. 309 (S.D. Cal. 2011).published
    See Key v. Gillette Co., 782 F.2d 5, 6 (1st Cir.1986). b.
  • Mayfield v. Meese, 704 F. Supp. 254 (D.D.C. 1988).published
    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).
Other citing cases8 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Barbara J. KEY, Plaintiff, Appellant,
v.
GILLETTE COMPANY, Defendant, Appellee
85-1251.
Court of Appeals for the First Circuit.
Jan 24, 1986.
Published opinion
782 F.2d 5
1986 U.S. App. LEXIS 21477
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.