Mich. Class Actions — How Rigorous Is 'Rigorous?'

Law360, New York (August 24, 2009, 12:57 PM EDT) -- By a 4 to 3 majority, the Michigan Supreme Court recently remanded for further consideration a trial court's decision to certify a large environmental class action.

The court directed the trial court to reevaluate its determination that plaintiffs satisfied at least two (but possibly all five) of the prerequisites for certification under Michigan Court Rule 3.501(A). Henry v. Dow Chemical Company, ___ Mich. ___, 2009 WL 2356729, Case No. 136298 (July 31, 2009).

One of the principal issues (among others) raised by the appeal was whether...
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