Boyd v. Allied Signal12/30/2004
nks v. New York Life Insurance Company, 98-0551, p. 6 (La.12/7/98), 722 So.2d 990, 993-94.
The trial court has much discretion in deciding whether a suit should be certified as a class action. Carr v. Houma Redi-Mix Concrete Company, Inc., 96-1548, p. 3 (La.App. 1st Cir.11/10/97), 705 So.2d 213, 215, writ denied, 98-0743 (La.5/1/98), 718 So.2d 416. In reviewing a trial court's exercise of its discretion in certifying a class action, an appellate court should bear in mind the supreme court's jurisprudential admonition to trial courts to err on the side of caution, in favor of maintaining the class action:
f there is to be an error made, it should be in favor and not against the maintenance of the class action, for it is always subject to modification should later developments during the course of the trial so require. [Citations omitted.]
McCastle v. Rollins Environmental Services of Louisiana, Inc., 456 So.2d 612, 620 (La.1984).
ASSIGNMENTS OF ERROR
The defendants contend the trial court erred in finding that the plaintiffs met their burden of proof on each of the requisite elements of numerosity, commonality, typicality, and adequate representation necessary for certification. They further contend the trial court erred in certifying the class action, given evidence suggesting extensive fraud by potential claimants. Alternatively, in the event certification is upheld, they contend that the trial court erred in defining the class and establishing the geographic boundaries for the class, given the evidence.
DISCUSSION
The class action is a nontraditional litigation procedure permitting a representative with typical claims to sue or defend on behalf of, and stand in judgment for, a class of similarly situated persons when the question is one of common or general interest to persons so numerous as to make it impracticable to bring them all before the court. Ford v. Murphy Oil U.S.A., Inc., 96-2913, 96-2917, 96-2929, p. 4 (La.9/9/97), 703 So.2d 542, 544.
Louisiana Code of Civil Procedure article 591(A) sets forth the following required elements for certification and maintenance of a class action:
(1) The class is so numerous that joinder of all members is impracticable.
(2) There are questions of law or fact common to the class.
(3) The claims or defenses of the representative parties are typical of the claims or defenses of the class.
(4) The representative parties will fairly and adequately protect the interests of the class.
(5) The class is or may be defined objectively in terms of ascertainable criteria, such that the court may determine the constituency of the class for purposes of the conclusiveness of any judgment that may be rendered in the case.
All of the elements of numerosity, commonality, typicality, adequate representation, and objectivity (definability) must be present to maintain a class action. La. C.C.P. art. 591(B). The party seeking to maintain the class action bears the initial burden of prima facie proof of these elements. Brumfield v. Rollins Environmental Services (LA), Inc., 589 So.2d 35, 37 (La.App. 1st Cir.1991). In determining whether these elements have been established, the court may consider the pleadings, affidavits, depositions, briefs, exhibits, and testimony presented at a certification hearing. Singleton v. Northfield Insurance Company, 01-0447, p. 9 (La.App. 1st Cir.5/15/02), 826 So.2d 55, 62, writ denied, 02-1660 (La.9/30/02), 825 So.2d 1200.
A mass tort has typically not been considered a "true" class action, that which concludes the rights of all class members. Ford, 96-291
Page 1 2 3 4 5 6 7 8 9 10 11 12 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|