Thillens, Inc. v. Community Currency Exchange Association

97 F.R.D. 668 (1983)

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Thillens, Inc. v. Community Currency Exchange Association

United States District Court for the Northern District of Illinois
97 F.R.D. 668 (1983)

Facts

The Community Currency Exchange Association (the association) (defendant) was a trade association for currency-exchange owners in Illinois. The association agreed to represent its members’ business interests, including suing on the members’ behalf, and to indemnify the members for any liability arising from their membership in the association. As part of a criminal action, the association admitted that it had a political-bribery fund. Following this admission, Thillens, Inc. (plaintiff) sued the association, several public officials, and a proposed class of (1) the association’s approximately 300 members and (2) the currency exchanges owned by those members. Thillens alleged that the association and its members had conspired with and bribed public officials in order to deny Thillens access to the local currency-exchange market in violation of antitrust laws. Thillens moved to certify the proposed defendant class, with the association as the class representative. The association vigorously opposed the motion and argued that, even if a defendant class was certified, the association’s prior admission about the bribery fund’s existence made the association an inadequate representative for class members who had not made similar admissions.

Rule of Law

Issue

Holding and Reasoning (Hart, J.)

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