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 involved 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 misguided interpretation of class certification threatens manufacturers by allowing a wider range of claims to be brought against manufacturers than federal law allows. The NAM’s brief argued 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. The Sixth Circuit denied en banc review, and the company filed a petition for certiorari with the U.S. Supreme Court, which also denied review.


Related Documents:
NAM brief  (August 6, 2018)