By Andrew H. Perellis

Can a toxic tort class action be maintained where class certification was denied in a materially similar case?

As noted in an item posted by our partners in The Workplace Class Blog, in Baker v Home Depot USA, Inc., No 11-CV-06768 (N.D. Illinois, Jan. 24, 2013), the court granted a motion striking the class

Continue Reading Under Principle of Comity, Plaintiff Lacks Class When Other Courts have Denied Class Certification in Similar Cases

By Andrew H. Perellis and Ilana R. Morady

After the U.S. Supreme Court issued its transformative decision in Dukes, et al. v. Wal-Mart Stores, Inc., No. 10–277 (June 20, 2011), holding that plaintiffs alleging employment discrimination had failed to demonstrate the existence of common questions sufficient for class certification under Federal Rule of Civil Procedure 23(a)(2), we wrote

Continue Reading Kieta Alexander v. Norfolk Southern: Another Toxic Torts Class Denied Certification in the Wake of Dukes

By William Dugan and Jennifer Riley

In one of the first court opinions applying Dukes v. Wal-Mart Stores, Inc, 2011 U.S. LEXIS 4567 (U.S. 2011), a Michigan state court ruled in Henry v. Dow Chemical Co., Case No. 03-47775 (Saginaw County, Mich.), that plaintiffs could not certify a class of property owners accusing Dow Chemical of negligently releasing

Continue Reading Michigan State Court Issues One Of The First Opinions Applying Dukes In A Non-Employment Class Action Setting