Block

Seymour Block appeals from an order denying his motion to certify as a class action his lawsuit against Major League Baseball, Major League Baseball Properties, Inc., the PHoenix Communications Group, Inc., and Photo File, Inc. Block contends the trial court misapplied the rules that govern certification when denying his motion. We disagree and will affirm the order.

I. Factual and Procedural Background

Block played major league baseball for the Chicago Cubs for a total of 17 games between 1942 and 1946. In July 1996, Block and four other men, all of whom played major league baseball prior to 1947, filed a class action complaint against Baseball alleging it had violated their statutory and common law right of publicity by using their “names, voices, signatures, photographs and/or likenesses” on products such as “books, films, trading cards, collector merchandise, memorabilia, and apparel” without their consent and without compensation. The complaint sought damages for the unauthorized use, an injunction ceasing such use in the future, and a declaration that all members of the class were entitled to exploit commercially their own image in the uniform in which they…