Yesterday, we reported on the federalism aspects of Rhodes v. E.I. du Pont de Nemours & Co., 636 F.3d 88 (4th Cir. 2011). We mentioned in that post that another interesting aspect to Rhodes involved the dismissal of the medical monitoring claims. Here's what that's about.
What happened is this:
First, the trial court denied class certification of the plaintiffs’ medical monitoring claims. That ruling made those claims well nigh worthless (the polite term would be “negative value”), because the named plaintiffs would spend more time and effort trying to prove them (assuming, probably wrongly, that there was anything to be proven) than their individual monitoring claims could possibly be worth.
Please see full publication below for more information.
