Gary HENRY and All Others Similarly Situated, Plaintiffs-Appellees,
v.
DOW CHEMICAL COMPANY, Defendant-Appellant.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued March 3, 2009.
Decided July 31, 2009.
Attorney(s) appearing for the Case
Trogan & Trogan, P.C. (by Bruce F. Trogan), Saginaw; The Woody Law Firm, P.C. (by Teresa A. Woody); Stueve Siegel Hanson L.L.P. (by Norman E. Siegel and Todd M. McGuire); and Spencer Fane Britt & Browne L.L.P. (by Carl H. Helmstetter and Michael F. Saunders) for the plaintiffs.
Dickinson Wright P.L.L.C. (by Kathleen A. Lang and Phillip J. DeRosier), Detroit; Braun Kendrick Finkbeiner, P.L.C. (by John A. Decker), Saginaw; and Kirkland & Ellis L.L.P. (by Douglas Kurtenbach and Christopher Landau) for the defendant.
Macuga, Liddle & Dubin, P.C. (by David R. Dubin), for amici curiae the Brindley plaintiff class.
Plunkett Cooney (by Mary Massaron Ross and Hilary A. Dullinger) for amici curiae DRI and the Michigan Defense Trial Counsel.
Honigman Miller Schwartz and Cohn L.L.P. (by Norman C. Ankers and Bruce L. Segal), Detroit, for amici curiae the Michigan Chamber of Commerce.
Thomas A. Biscup, Shelby Township, for amici curiae the Michigan Association for Justice.
Clark Hill, P.L.C. (by David D. Grande-Cassell and Kristin B. Bellar) for amici curiae the Michigan Manufacturers Association.
Dykema Gossett P.L.L.C. (by James P. Feeney and Jill M. Wheaton and Thomas M. Hanson), Bloomfield Hills, for amici curiae the Product Liability Advisory Council, Inc.
Charfoos & Christensen, P.C. (by David R. Parker), Detroit, for amici curiae the Science and Environmental Health Network, the Ecology Center, the Lone Tree Council, the Michigan League of Conservation Voters, the Michigan Environmental Council, and the Great Lakes Environmental Law Center.
Shook, Hardy & Bacon L.L.P. (by Dana M. Mehrer, Victor E. Schwartz, and Cary Silverman) (Robin S. Conrad, Amar D. Sarwal, Quentin Riegel, and Donald D. Evans, of counsel) for amici curiae the Chamber of Commerce of the United States of America, the National Association of Manufacturers, and the American Chemistry Council.
Supreme Court of Michigan.
Opinion
WEAVER, 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...
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