Bally Total Fitness Corp. v. Jackson

After the class in this case had been certified, but before notice was given to class members, the trial court granted partial summary judgment for the plaintiffs on the liability issues. The trial court thus converted the class from one that did not permit so-called “one-way interventions” into a class that did. This altered the fundamental nature of the class because under our class action rule, when liability is resolved before notice is given to class members, the class certification can no longer be sustained, and the class must be decertified. An interlocutory appeal from a denial of a…