Rimedio v. Summa Care, Inc

In Rimedio v. Summa Care, Inc. 9th App. Dist. No. 21828, 2004 Ohio 4971 and Arndt v. P & M Ltd., 163 Ohio App.3d 179, 2005 Ohio 4481, 837 N.E.2d 398, the court held that the claims of the plaintiffs were not typical because plaintiffs had waived arbitration clauses in their contract and 700 of the 1400 potential members of the class had contracts with arbitration clauses. In Arndt, the defendants argued on appeal that plaintiffs' claims were not typical since plaintiffs had abandoned their claims by seeking settlement. The appellate court disagreed, concluding that there was no conclusive evidence in the record that plaintiffs had abandoned their commitment to the class. Id. at P29. Regarding the final Civ.R. 23(A) requirement, adequacy of representation, the analysis is divided between adequacy of representation and adequacy of counsel. Warner, supra, at 98. "A representative is deemed adequate so long as his or her interest is not antagonistic to that of other class members." Id. Additionally, counsel must be competent to handle litigation of the type involved in the case before class certification is allowed. Id.