Jump to Navigation
Jump to Content

Class actions, FRCP 23

Gintis v. Bouchard Transp. Co.

The First Circuit vacated a lower court decision that denied class certification to property owners in their action against the owners and operators of a barge that discharged a substantial amount of oil into a Massachusetts bay. The...

Freeman v. Blue Ridge Paper Prods., Inc.

The Sixth Circuit held that a group of 300 landowners may not divide their class action nuisance suit against a paper mill into five separate water pollution claims to avoid federal jurisdiction under the Class Action Fairness Act (CAFA...

Mejdrech v. Met-Coil Sys. Corp.

The court affirms a district court certification of a class of homeowners to determine a factory's liability, but not damages, for allegedly contaminating the homeowners' soil and groundwater. Class action treatment is appropriate and...

Baker v. Exxon Corp.

The court holds that seafood processors who settled with an oil company in connection with the Exxon Valdez oil spill before the mandatory punitive damages class was certified are entitled to share in the allocation of a...

In re Exxon Valdez

The court holds that a district court abused its discretion during the Exxon Valdez oil spill litigation when it approved a plan of allocation that denied enforceability of a settlement agreement between Exxon and seven seafood...

Lockheed Martin Corp. v. Superior Court of San Bernardino County

The court holds that a trial court improperly certified as a class residents of a community that alleged that several manufacturers contaminated a portion of their city's groundwater. The residents sought a court-supervised medical...

Petrovic v. Amoco Oil Co.

The court upholds a district court approval of a class action settlement between an oil company and landowners whose properties were contaminated as a result of underground oil seepage originating from the company's petroleum refinery....

Amchem Prods., Inc. v. Windsor

The Court affirms a Third Circuit decision that a class-action certification seeking settlement of current and future asbestos-related claims failed to satisfy the requirements of Fed. R. Civ. P. 23. The Court first notes that the Third...

Boughton v. Cotter Corp.

The court holds that plaintiffs in a toxic tort case were not entitled at trial to be certified as a class for medical monitoring, to depose an attorney for the defendant uranium mill, or to present evidence of their fear of contracting...

Gibbs v. E.I. DuPont de Nemours & Co.

The court refuses to dismiss a tort-law claim that a tire manufacturer's former employees' brought against chemical companies that allegedly sold toxic chemical compounds to the manufacturer without adequately warning that exposure to...