The district court had permitted Boles to call an expert witness who testified that the non-gathering claims were worth in excess of $40,000,000.00, and that the full value of the gathering and non-gathering claims were worth in excess of $140,000,000.00 rather than the $33,000,000.00 agreed upon in the settlement. Following the district court’s denial of his objection and motions for intervention and further discovery, Boles appealed, and the case was transferred to the Kansas Supreme Court pursuant to K.S.A. 20-3018(c).Writing for the Court, Justice Johnson first addressed Boles’ contention that class counsel was inadequate by failing to adequately identify and investigate the value of potential non-gathering claims. In 2010, K.S.A. was amended to more fully delineate the criteria by which the adequacy of class counsel is assessed:“(1) Appointing Class Counsel.