James Soper v. Tire Kingdom, Inc. — Canady, J., Dissenting

Summary

The dissent would have declined to quash the intermediate appellate decision because the court's earlier class-certification framework improperly relieved a plaintiff of showing a valid claim and disregarded factual differences bearing on liability. It would have required a rigorous preliminary inquiry into whether common questions could resolve liability for all class members, including whether the alleged conduct caused injury to each member. Justice Canady, dissenting, would have receded from the earlier precedent and concluded that the certified Tire Kingdom classes were not proper class actions.