Consumer Class Actions: 10.3.4.8 Substitution and Intervention of Class Representatives
If the named plaintiff is bought off, dies, or a serious challenge to their adequacy arises—for example, because their claim is defeated on grounds peculiar to the named plaintiff or they fail to perform their duties—another putative class member may be substituted as class representative and permitted to take over prosecution of the case.320 The factors affecting the resolution of this issue differ depending on whether it arises before or after the class is certified.321 The issue can arise