Peter Rosenow v. Alltel Corporation and Alltel…

Summary

The court held that the circuit court improperly analyzed the merits of the alleged claims when it denied class certification based on individualized assessments of Alltel's damages and the validity of the early-termination fee. It also held that the expert's testimony concerning Alltel's damages and the consequences of invalidating the fees was irrelevant to class certification and impermissibly invaded the court's role. The court reversed and remanded for a proper Rule 23 analysis. BROWN, J., dissenting in part and concurring in part, would have allowed limited reconsideration of the merits-based findings and permitted the expert testimony as background information.