JACKSON v. UNOCAL CORP.

No. 09SC668.

262 P.3d 874 (2011)

Richard JACKSON; Mary Jackson; Thomas Fehringer; Deborah Hradecky; Robert Hradecky; Dean Lousberg; and Lousberg Partnership, on behalf of themselves and those similarly situated, Petitioners. v. UNOCAL CORPORATION, Union Oil Company of California, and Unocal Pipeline Company, Respondents.

Supreme Court of Colorado, En Banc.

October 31, 2011.


Attorney(s) appearing for the Case

The Hannon Law Firm, LLC, Kevin S. Hannon , Justin D. Blum , Denver, Colorado, Inman Flynn Biesterfeld & Brentlinger, P.C., Richard P. Brentlinger , Eric Voogt , Denver, Colorado, Attorneys for Petitioners.

Holland & Hart LLP, John A. Ramsey , Rachel A. Yates , Greenwood Village, Colorado, Holland & Hart LLP, Stephen G. Masciocchi , Denver, Colorado, Attorneys for Respondents.

Robert F. Hill , John H. Evans , Nathan P. Flynn , Denver, Colorado, Thomas D. McFarland , Golden, Colorado, Attorneys for Amicus Curiae Colorado Trial Lawyers Association.

Kerr Brosseau Bartlett, LLC, Marc R. Brosseau , Catherine E. McDaugale , Denver, Colorado, Attorneys for Amicus Curiae Product Liability Advisory Council, Inc.


Justice MARTINEZ delivered the Opinion of the Court.

At issue in this land damages class action are the standards a trial court applies when deciding whether to certify a class pursuant to C.R.C.P. 23. C.R.C.P. 23 provides trial courts with a procedural tool for consolidating claims and managing them as a class action. The rule provides that the class certification decision must be made "[a]s soon as practicable" and "may be conditional." C.R.C.P. 23(c). In this appeal...

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