Richard Jackson; Mary Jackson; Thomas Fehringer; Deborah Hradecky; Robert Hradecky; Dean Lousberg; an — Eid, J…

Summary

Justice Eid dissents from the majority's conclusion that the evidentiary showing supporting class certification is committed entirely to trial-court discretion. She would require class proponents to establish every certification requirement by a preponderance of the evidence after a rigorous analysis that may include consideration of overlapping merits issues. She maintains that the majority's standardless approach makes interlocutory appellate review largely meaningless and raises procedural due process concerns.