The Ohio Supreme Court has decided the first in a trilogy of cases addressing Civil Rule 23 — its first foray into class action law since the landmark decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. ___, 131 S. Ct. 2541, 180 L. Ed. 2d. 374 (2011). In Stammco, L.L.C. v. United Telephone Company of Ohio, 2013-Ohio-3019, 2013 Ohio LEXIS 1682, the Ohio Supreme Court resoundingly endorsed Dukes and the applicability of federal law as an interpretive aid for Ohio Rule 23. Further, the Court adopted the Seventh Circuit’s formulation of a “fail-safe class,” and clarified that class certification is subject to “rigorous analysis,” which requires plaintiffs to prove compliance with Rule 23 and may include probing the merits of the plaintiffs’ claims. One wonders what more there is to say in the remaining two cases on the Court’s docket. Now that the Court has denied the plaintiff’s motion to reconsider the decision, there is no doubt that Stammco is here to stay. For more, read the full article.
Stammco: A Primer on the New Era of the Ohio Class Action
