Richard Jackson; Mary Jackson; Thomas Fehringer; Deborah Hradecky; Robert Hradecky; Dean Lousberg; and Lousberg…

Summary

The court reversed the court of appeals and reinstated the trial court's certification of two landowners' asbestos-contamination classes. It held that class proponents need not satisfy a specific burden of proof beyond demonstrating through rigorous analysis that the C.R.C.P. 23 requirements are met to the trial court's satisfaction; the court may consider merits-related disputes only as necessary to decide certification and may evaluate competing expert evidence without resolving which expert will ultimately prevail. Justice Eid, joined by Justice Rice, dissented, arguing that certification should require proof by a preponderance of the evidence and that the majority's approach makes appellate review effectively unreviewable.