Baldwin Mut. Ins. Co. v. McCain, [Ms. 1160093, Mar. 23, 2018] __ So. 3d __ (Ala. 2018). The Supreme Court
(Stuart, C.J., and Mendheim, Main, and Bryan, JJ., concur) reverse an
order of the Montgomery Circuit Court pursuant to Rule 23, Ala. R. Civ.
P., a class action arising from payments under Baldwin Mutual homeowner's
insurance policies upon finding that the putative class representative
could not fairly and adequately represent the interests of the class as
required by Rule 23(a)(4) when her personal breach of contract claims
were subject to a unique
res judicata
defense. Citing
Hannon v. Dataproducts Corp., 976 F.2d 497, 508 (9th Cir. 1992), and other reported federal opinions,
the Court holds that class certification is inappropriate where a putative
class representative is subject to unique defenses which threaten to become
the focus of the litigation. Ms. *26-27.
