Case Updates
Michigan Supreme Court determines level of scrutiny required for class certification
July 31, 2009
In a fractured set of five opinions, the Michigan Supreme Court concluded that the trial court had not properly certified the class and remanded the case for further consideration. Although the court decertified the class, the majority failed to require trial courts to conduct a "rigorous analysis" of the class action factors before certifying a class, instead of merely accepting the statements in a plaintiff's pleading.
Case Documents
- Henry, et al. v. The Dow Chemical Company (NCLC Brief, MI S. Ct., 12-12-03).pdf
- Henry, et al. v. The Dow Chemical Company (NCLC Brief, MI S. Ct., 8-3-04).pdf
- Henry, et al. v. The Dow Chemical Company (NCLC Brief, MI Appeals Court, 4-24-06).pdf
- Henry, et al. v. The Dow Chemical Company (NCLC Brief, MI S. Ct., 6-27-08.pdf
- Henry, et al. v. The Dow Chemical Company (NCLC Brief, MI S. Ct., 2-13-09).pdf
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