Jump to Navigation
Jump to Content

Class certification, FRCP 23(b)

Smith v. ConocoPhilips Pipe Line Co.

The Eighth Circuit reversed a lower court decision certifying as a class a group of homeowners alleging nuisance claims against an oil company that owns a nearby contaminated site. A pipeline leak was discovered under the site in the...

Ludlow v. BP, P.L.C.

The Fifth Circuit affirmed a lower court decision that investors who bought BP stock soon after the 2010 Deepwater Horizon oil spill may file a class action against the oil company for alleged misrepresentations regarding the...

Powell v. Tosh

A district court decertified a class of Kentucky residents who filed nuisance claims against a neighboring hog farm. The court previously determined that commonality existed because the residents had all asserted that the farmer's...

Gates v. Rohm & Haas Co.

The Third Circuit affirmed a lower court decision refusing to certify residents' class action for medical monitoring and property damage in a suit against chemical companies for allegedly dumping a carcinogen at an industrial complex...

Department of Fish & Game v. Superior Court of Plumas County

A California appellate court reversed a lower court decision certifying residents' class action lawsuit against the state wildlife agency in connection with efforts to eradicate an invasive species of fish, the northern pike, from a...

Mays v. Tennessee Valley Authority

A district court recommended that individuals' request for class certification in a case against TVA for a coal ash spill in Tennessee be denied. On December 22, 2008, one of the coal ash containment dikes at the TVA's Swan Pond...

Bright v. United States

The Federal Circuit held that landowners seeking compensation for the alleged taking of their respective reversionary property interests under the National Trail Systems Act were permitted to opt in to a class action lawsuit against the...

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...

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...

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...