Named class plaintiff loses suit top spot

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted April 8, 2016 3:04 PM

Sparking an important debate in the Illinois Appellate Court about the standards for determining the adequacy of named plaintiffs in class actions, Carl F. Byer’s deposition testimony gave Michael Kapraun, the defendant in a high-stakes junk-fax case, ammunition for arguing that a Cook County judge abused his discretion in certifying the suit for class treatment under Section 2-801 of the Code of Civil Procedure.The named plaintiff is Byer’s company, Byer Clinic & Chiropractic Ltd. According to the clinic …

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