Class Actions -- 2018

Martin v. Behr Dayton Thermal Products   (6th Circuit)

Class action certification standards

The NAM filed an amicus brief on behalf of manufacturers to reverse a ruling by a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit that would expose manufacturers to overbroad class action lawsuits. The case involves class action litigation arising from alleged groundwater contamination by manufacturers in Dayton, Ohio. The Sixth Circuit panel found that the proposed class of plaintiffs lacked the requirements for class certification but nonetheless certified seven legal issues for class treatment. This overbroad interpretation of class certification threatens manufacturers by allowing a far broader range of claims to be brought against manufacturers than federal law allows. The NAM's amicus brief argues that the full Sixth Circuit Court of Appeals should reverse the panel ruling because the panel's extreme position is inconsistent with class certification requirements. On August 20, 2018, the Sixth Circuit denied en banc review. On October 12, 2018, the company filed a petition for certiorari with the United States Supreme Court.

Related Documents:
NAM brief  (August 6, 2018)


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