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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/aggregate0020 and id is 1 raw text is: PRINCIPLES OF THE LAW OF AGGREGATE LITIGATION CHAPTER 2. AGGREGATE ADJUDICATION TOPIC 1. INTRODUCTORY PROVISIONS § 2.02 Principles for the Aggregate Treatment of Common Issues C.A.6, 2018. Cit. in case cit. in disc. §§ 2.02-2.05. Property owners filed a toxic tort class action against operators of nearby automobile and dry-cleaning facilities, alleging that defendants released hazardous substances into the groundwater underlying their properties. The district court denied plaintiffs' request for certification of liability-only classes under Rule 23(b)(3) of the Federal Rules of Civil Procedure, but granted plaintiffs' alternate request for issue-class certification under Rule 23(b)(4). Affirming, this court held that the district court did not abuse its discretion by certifying the issue classes, because the classes satisfied the requirements of predominance and superiority. The court cited the factors for issue- class certification set forth in the Principles of Aggregate Litigation in explaining that, instead of following the narrow view, which prohibited issue classing if predominance had not been satisfied for the cause of action as a whole, it followed the broad view, which retained the predominance factor but instructed courts to engage in the predominance inquiry after identifying issues suitable for class treatment. Martin v. Behr Dayton Thermal Products LLC, 896 F.3d 405, 412. TOPIC 2. SUBSTANTIVE LAW AS A CONSTRAINT ON AGGREGATION C.A.6, 2018. Cit. in case cit. in disc. §§ 2.02-2.05. §§ 2.03-2.05 constitute most of Ch. 2, Topic 2. Property owners filed a toxic tort class action against operators of nearby automobile and dry-cleaning facilities, alleging that defendants released hazardous substances into the groundwater underlying their properties. The district court denied plaintiffs' request for certification of liability-only classes under Rule 23(b)(3) of the Federal Rules of Civil Procedure, but granted plaintiffs' alternate request for issue- class certification under Rule 23(b)(4). Affirming, this court held that the district court did not abuse its discretion by certifying the issue classes, because the classes satisfied the requirements of predominance and superiority. The court cited the factors for issue-class certification set forth in the Principles of Aggregate Litigation in explaining that, instead of following the narrow view, which prohibited issue classing if predominance had not been satisfied for the cause of action as a whole, it followed the broad view, which retained the predominance factor but instructed courts to engage in the predominance inquiry after identifying issues suitable for class treatment. Martin v. Behr Dayton Thermal Products LLC, 896 F.3d 405, 412. COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved AgI Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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