Legal Opinion

Henry v. Dow Chemical Co.

Michigan Supreme Court

Decided July 31, 2009No. Docket 136298PublishedCited by 81 opinions

1Opinion of the Court

*488WEAVER, J.

Class action litigation in Michigan is governed by the Michigan Court Rules, and MCR 3.501(A)(1) specifically sets forth the prerequisites for class certification. These prerequisites are often referred to as numerosity, commonality, typicality, adequacy, and superiority.1

In this case we consider the proper analysis a court must conduct when determining whether the prerequisites for class certification have been met. Additionally, we consider whether this particular class of plaintiffs was erroneously certified by the circuit court.

In deciding these questions, we conclude that a…

2Cases cited15 opinions

  1. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  2. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Gulf Oil Co. v. BernardSupreme Court of the United States · 1981
  5. In Re American Medical Systems, Inc. Pfizer, Inc.Court of Appeals for the Sixth Circuit · 1996

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3Cited by81 opinions

  1. Rental Properties Owners Ass'n v. Kent County TreasurerMichigan Court of Appeals · 2014
  2. Duncan v. StateMichigan Court of Appeals · 2013
  3. Huntington National Bank v. RistichMichigan Court of Appeals · 2011
  4. Plunkett v. Department of TransportationMichigan Court of Appeals · 2009
  5. Rose v. RoseMichigan Court of Appeals · 2010

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