Summary
ordering the parties to address "whether the plaintiffs met all of the requisites for class certification established in MCR 3.501, including the requirement that questions of law or fact common to the members of the class predominate over questions affecting only individual members [the commonality prerequisite]"
Summary of this case from Henry v. Dow Chemical Co.Opinion
No. 136298.
November 5, 2008.
Court of Appeals No. 266433.
Leave to Appeal Granted November 5, 2008.
The parties shall include among the issues to be briefed: (1) whether the "rigorous analysis" requirement for class certification that is applied in the federal courts also applies to state class actions, see Gen Tel Co of the Southwest v Falcon, 457 US 147, 161 (1982); (2) if so, whether the Saginaw Circuit Court engaged in the required rigorous analysis to determine if class certification was appropriate; (3) whether the plaintiffs met all of the requisites for class certification established in MCR 3.501(A)(1), including the requirement that questions of law or fact common to the members of the class predominate over questions affecting only individual members; and (4) whether the plaintiffs established that they suffered injury on a class-wide basis in order to justify class certification.
The Litigation Section of the State Bar of Michigan and the Michigan Association for Justice are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.