Ascencio v. Orion Int'l Corp.

Justice James Jeremiah Shea delivered the Opinion of the Court.

***337¶1 Plaintiff Nissa Ascencio ("Ascencio") appeals the denial of class certification by the Fourth Judicial District Court, Missoula County. We restate the issue on appeal as follows:

Whether the District Court abused its discretion by denying class certification on the basis that Ascencio failed to satisfy the M. R. Civ. P. 23(b)(3) element of superiority.

¶2 We affirm in part and remand to the District Court for further proceedings consistent with this Opinion.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 Defendant Orion International…