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West v. G & H Seed Co.8/28/2002
ded from the proposed sub-classes. Contrary to the defendant's argument, the proposed sub-classes are sufficiently defined in order to give potential class members enough information to decide whether they are included within the class and to enable class members to decide whether to opt out of the class. Royal St. Grocery, Inc., 778 So.2d at 686.
Predominance, Superiority, and Manageability
In addition to those prerequisites set out in La.Code Civ.P. art. 591(A), an action may be maintained as a class action if Article 591(B) is satisfied as well. We have already determined that common questions of law and fact predominate over individual ones. Moreover, there is no evidence that the class action is not superior for the fair and efficient adjudication of the controversy. The whole of this opinion demonstrates that a common character of rights exist, thereby making the class action the superior adjudicatory method. We believe that class treatment of claims against both Aventis and the seed distributor defendants will effectuate substantive law, judicial efficiency, and individual fairness -- the basic aims of a procedural device. Duhe, 779 So.2d 1070. Moreover, though trial courts face added responsibility in the management of class actions, the procedural rules grant to the courts a certain amount of discretion to taper the proceeding as it moves forward. We are confident that the trial judge in this case will exercise prudently that grant of authority.
IV. CONCLUSION
For the reasons assigned, the judgment appealed from is affirmed insofar as it certifies a class of plaintiffs and reversed against Terral Seed, Inc. We dismiss Terral Seed, Inc. from this lawsuit.
All costs of this appeal are taxed equally against the Defendants-Appellants, Nolan J. Guillot, Mamou Rice Drier and Warehouse, Inc., G & H Seed Company, Inc., Crowley Grain Drier, Inc., and Aventis Crop Science, USA LP.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR TRIAL ON THE MERITS.
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