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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cantwell v. J & R Properties Unlimited, Inc., 924 A.2d 355 (2007)

Citation
Cantwell v. J & R Properties Unlimited, Inc., 924 A.2d 355 (2007)
Parent Document
Cantwell v. J & R Properties Unlimited, Inc., 924 A.2d 355 (2007)
Jurisdiction
New Hampshire (state)
Effective Date
2007-05-30

Other Sections in This Document (66)

Full Text

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Under the circumstances of this case, the trial court erred by not permitting the plaintiff to conduct discovery on the prerequisites to maintaining a class action. Before the trial court ruled definitively on class certification, it should have given the plaintiff “a fair opportunity to develop the facts necessary to show that his case is suitable for class action treatment.” Smolen v. Dahlmann Apartments, Ltd., 338 N.W.2d 892, 898 (Mich. Ct. App. 1983).