Classaction Certification
Essay Preview: Classaction Certification
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Mary Smith, et al.
No. 12345
Plaintiffs
Judge: _____
Michigan Sheriffs Association, et al.
Defendants
John Doe (ID Number 3345)
Jolles, Piccione & Murphy
3475 Plymouth Road
Ann Arbor, MI 48105
(734) 867-5309
PLAINTIFFS BRIEF IN SUPPORT OF MOTION FOR CLASS CERTIFICATION
STATEMENT OF THE ISSUES
Whether the Court should enter an order certifying that this action may be maintained as a class action and designating the Named Plaintiffs as Class Representatives.
Whether the Court should enter an order bifurcating this class action into a liability phase for the Plaintiff Class and an additional phase for liability and damages for the class and the three subclasses, as well as designating Named Plaintiffs as Subclass Representatives.
Whether the Court should enter an order certifying the named Defendants as a Defendant Class and designating the Named Defendant as Class Representative.
TABLE OF CONTENTS
2. Questions of Both Law and Fact Are Common to the Class: 23(a)(2) Ð…Ð…Ð… 5
The Representatives Will Adequately Represent
2. A Class Action Lawsuit is a Superior Method for Resolving the Improper Property Seizure Controversy Than Individual Litigation Ð…Ð…Ð…Ð…Ð…Ð…Ð…Ð….. 14
1. The Plaintiff Subclasses are so Numerous that Joinder is Not Practicable Ð… 17
2. The Subclass Members have Common Questions of Law and Fact Ð…Ð…Ð… 17
3. The Claims of the Named