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Groundwater Predominance Requirement

King & Spalding

Supreme Court Declines to Review “Issue” Class Certification Decision in Toxic Tort Case

King & Spalding on

On March 18, the Supreme Court declined to review a Sixth Circuit decision affirming an Ohio federal court’s order certifying a class on specific issues in a groundwater pollution suit....more

Jones Day

SCOTUS Declines to Review Ruling in Toxic Tort Case

Jones Day on

The Situation: The Sixth Circuit recently affirmed the certification of an issue class in a groundwater pollution case. The court endorsed a "broad" view of Rule 23(c)(4) under which common questions must predominate only...more

Kilpatrick

SCOTUS declines to review Sixth Circuit decision affirming class issue certification

Kilpatrick on

Federal Rule 23(c)(4) allows class certification of “particular issues.” The question of “issue” certification has divided the Courts of Appeals, with some courts taking a “narrow” view that issues cannot be certified unless...more

Bradley Arant Boult Cummings LLP

The Growing Split Over Issue Class Certification as an End Run Around Predominance of Common Issues

Last week the Sixth Circuit took a big step to extend its reputation as one of the most class-friendly circuits in the country. In Martin v. Behr Dayton Thermal Prods. LLC, Judge Jane Stranch, writing for a unanimous panel,...more

Burr & Forman

Seventh Circuit Highlights Challenges To Class Certification In Environmental Litigation

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Property owners in the town of Roxana, Illinois, a small village on the Mississippi River across from St. Louis, filed suit against Shell Oil Company and ConocoPhillips. The property owners alleged that a refinery owned by...more

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