Class Actions -- 2020



Sullivan v. Saint-Gobain Performance Plastics Corporation   (2nd Circuit)

Certification of issue classes

The NAM filed an amicus brief to overturn a district court’s class certification order that included an improper liability issue class and medical monitoring class. The litigation arises from claims of groundwater contamination alleged to emanate from an industrial facility. The district court certified an “issue class” under Rule 23(c)(4) that focused on liability and a “medical monitoring” class under Rule 23(b)(2). These sub-class certifications paper over significant individualized differences in alleged harms among the individual plaintiffs, and thereby threaten to dramatically expand the scope of class certification under Rule 23. The ruling undermines litigation fairness to defendants, who should not be required to face class action lawsuits involving individualized alleged harms. The NAM filed an amicus brief that explained why Rule 23’s predominance requirement precludes issue class certifications like these. Unfortunately, on January 17, 2020, the court declined to review the class certification order.


Related Documents:
NAM brief  (September 16, 2019)