· 8/25/2011
Glenn Gates v. Rohm & Haas Co
Citations
- 655 F.3d 255
- 80 Fed. R. Serv. 3d 604
- 41 Envtl. L. Rep. (Envtl. Law Inst.) 20278
- 2011 U.S. App. LEXIS 17756
- 2011 WL 3715817
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the risk subsequent triers of fact will need to reexamine evidence and findings from resolution of the common issue(s)” counsels against certification of those common issues
- “A trial on whether the [issues proposed] is unlikely to substantially aid resolution of the substantial issues on liability and causation.”
- “Plaintiffs have neither defined the scope of the lia- bility-only trial nor proposed what common proof would be presented.”
- “Nor did the court err in finding no marked division between damages and liability.”
- “The trial court here did not abuse its dis- cretion by declining to certify a liability-only issue class when it found liability inseverable from other issues that would be left for follow-up proceedings.”
- “[I]t is well established that the class claims must be cohesive. . . . The disparate factual circumstances of class members may prevent a class from being cohesive and, therefore, make the class unable to be certified under Rule 23(b)(2
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Rendell, Roth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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