CLASS ACTIONS - BALDWIN MUT. INS. CO. V. MCCAIN
Baldwin Mut. Ins. Co. v. McCain, [Ms. 1131058, Feb. 20, 2015] __ So. 3d __ (Ala. 2015). The circuit court held a hearing on plaintiff's motion to certify a class. The defendant filed its brief opposing the class certification motion the morning of the hearing, so the court gave the plaintiff thirty days to file a brief in response. In that brief, plaintiff used an amended definition of the proposed class. The circuit court certified that class. The Supreme Court reverses, holding that, because the circuit court did not hold a hearing after the amendment of the definition of the proposed class, the circuit court did not properly follow the requirements of ¤ 6-5-641, Ala. Code 1975. The Court reverses the order certifying the class and remands for further proceedings.
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