6th Circuit Affirms Class Certification For Some Groundwater Claims

Mealey's (July 27, 2018, 6:41 AM EDT) -- CINCINNATI — A panel of the Sixth Circuit U.S. Court of Appeals on July 16 affirmed a lower court’s decision to deny class certification under Federal Rule of Civil Procedure 23(b)(3), but then certify other issues for class treatment under Rule 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 (Terry Martin, et al. v. Behr Dayton Thermal Products LLC, et al., No. 17-3663, 6th Cir.; 2018 U.S. App. LEXIS 19441)....