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

Summary

The court reversed the court of appeals and reinstated class certification for landowners alleging asbestos contamination from pipeline removal. It held that certification requires a rigorous analysis of the evidence, but no specific burden of proof, and that courts may consider merits-related disputes only as necessary to determine whether the certification requirements are satisfied without deciding the merits. The court also held that expert conflicts need not be finally resolved or subjected to a full admissibility hearing at certification, and that the trial court properly found an identifiable class and predominance. Justice Eid, joined by Justice Rice, dissented, arguing that class proponents should have to satisfy the certification requirements by a preponderance of the evidence.