Companies: Rehearing En Banc Needed On Class Certification Of Groundwater Case

Mealey's (August 13, 2018, 2:37 PM EDT) -- CINCINNATI — A group of chemical companies on July 30 filed a petition for rehearing en banc in the Sixth Circuit U.S. Court of Appeals asking it to reconsider its decision that affirmed the certification of some issues for class treatment under Federal Rule of Civil Procedure 23(c)(4) for a lawsuit in which residents contend that they have been harmed by the presence of volatile organic compounds (VOCs) in their groundwater. The companies insist that the panel chose “the wrong side” of a circuit split on the issues relevant to class certification (Terry Martin, et al. v. Behr Dayton Thermal Products LLC, et al., No. 17-3663, 6th Cir.)....