About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 Hastings W.-Nw. J. Envt'l L. & Pol'y 435 (1995-1996)
Effective Use of Class Action Procedures in California Toxic Tort Litigation

handle is hein.journals/haswnw3 and id is 449 raw text is: I. Introduction Effective Use of Class Action Procedures in California Toxic Tort Litigation Donald C. Arbitblit and William Bernstein In recent years. Northern California has been the site of several catastrophic industrial incidents that exposed large numbers of people to toxic chemicals, resulting in complex class action litigation. These events have included the release of a chemical mixture from a processing tower at the Unocal Refinery in Rodeo, California, between August 22, 1994 and September 6. 1994:1 the discharge of sulfuric acid mist from a rail car at the General Chemical Corporation (GCC) plant in Richmond, California, on July 26. 19932: and the Sacramento River spill of July 14, 1991. in which a train derailed near the Northern California town of Dunsmuir.3 California courts, like those of many other states, have recognized that the class action device provides a superior method of resolving the enormous number of claims that can anse from a mass toxic disaster. The class procedure has per- mitted resolution of such incidents within two to three years-from the date of the disaster until claims are paid. In the GCC and Sacramento River Spill cases, the class mechanism was applied to effectively resolve the litigation by defining the class of persons entitled to recover damages, and pro- viding for fair, equitable and prompt distribution of settle- ment funds. The principal benefits of the class device are: (1) elimination of the need for hundreds or thousands of plain- tiffs to repeat the same proof as to common issues, thereby resulting in significant savings of time and moneyforthe par- ties and the courts: (2) achievement of global resolution by encompassing all claims (except for those of opt outs) with- in a single proceeding; and (3) court supervised distribution of both compensatory and punitive damages to all class members, thereby eliminating the race to the courthouse. This article summarizes applicable California law con- ceming the use of the class action device in mass toxic disas- ters, discusses some of the factors that make the class action device superior in these cases, and provides useful informa- tion to practitioners concerning the factual and legal issues that commonly arise in these important and complex matters. 0 Mr. Bernstein (l.D.. University of San Francisco Law School. 1975) and Mr. Arbitblit (J.D.. Boalt Hall School of Law 1979) are members of the firm of Ueff. Cabraser. Heimann & Bernstein. a San Francisco law firm that has served as court-appointed lead counsel andor class counsel in numer- ous toxic tort class actions. including the Unocal. GCC and Sacramento Rier Spill cases referenced herein. 1. In re Unocal Refinerjy Litigation: No. C-94-04141 (Contra Costa County Super. CL Jan. 10. 1996). Approxmately 40 complaints have been consolidated and are pending. In January 1996. the Court issued an Order denying defendants demurrer to class action allegations. 2. In re GCC Richmond Works Cases. No. 2906 (Contra Costa County Super. CL Nov. 22. 1995). On No. ember 22. 1995. the Court (Hon. Richard L Patsey) Issued an Order Granting Motion for Final Approval of Class Settlement and implementing Pretrial Orders. The Courts Order has been appealed, and appeals are pending. 3. in reSacramento RiverSpill Cases No. I & ii. Nos. 2617 and 2620 (S.F Super. CL Sept. 20. 1993). On September 20. 1993. the Court issued an Order of Final Approval of Settlement on a dasswide basis. Appeals from that Order were voluntarily dismissed prior to any appellate decisions, and the Order of Final Approval as the subject of a final judgment.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most