On Monday, I summarized proposed Arizona class action reform legislation forwarded to me by Shawn Aiken of Aiken Schenk Hawkins & Ricciardi P.C. Yesterday, Aiken forwarded the final version of the class action bill as introduced before the Arizona Senate.
Aiken also noted that there could be challenges to the legislative power to enact a new class action rule:
Our state constitution has many unique provisions. The one that will be invoked here is this: “The supreme court shall have . . . [the] [p]ower to make rules relative to all procedural matters in any court.” Arizona Constitution, Article 6, Section 5. The question will be what is more procedural than judicial certification of class actions?