Legal Memorandum: Redefinition of the Class in MN

Issue: Under Minnesota law, may a court modify the definition of a class after certification of the class?

Area of Law: Litigation & Procedure
Keywords: Redefinition of the class; After certification; Discovery of new facts
Jurisdiction: Minnesota
Cited Cases: 55 F.3d 768
Cited Statutes: Minn. R. Civ. P. 23.03(a)(3), Rule 23(c)(1)
Date: 09/01/2014

After certification, later developments in litigation, such as the discovery of new facts, may require redefinition of the class.  See Minn. R. Civ. P. 23.03(a)(3) (a certification order “may be altered or amended before final judgment.”); In re Gen. Motors Corp. Pickup Truck Fuel Tank Prods. Liab. Litig., 55 F.3d 768, 792 n. 14 (3d Cir. 1994) (“[u]nder Rule 23(c)(1), the court retains the authority to redefine or decertify the class until the entry of final judgment on the merits.”). 


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