Warner v. Waste Management, Inc.

The primary issue in this case is whether the court of appeals erred in affirming the trial judge’s certification of a class action pursuant to Civ. R. 23. We hold the appellate court was correct in finding a class action was appropriate. The court of appeals, however, erred in its analysis of the Rule 23 requisites. It is evident that the action is maintainable under Rule 23(B)(2) and (B)(3), but not (B)(1). The appellate court further erred by failing to recognize that the trial court abused its discretion by certifying a class which was, in part, unidentifiable. Therefore, we remand the…