Sixth Circuit Delivers a Win for Class Action Plaintiffs

The Sixth Circuit handed plaintiffs greater ability to obtain class certification in an opinion handed down on July 16, 2018.  In Martin v. Behr Dayton Thermal Products, LLC, a three judge panel for the Sixth Circuit adopted the “broad view” of Fed. R. Civ. P. 23(c)(4).  Martin No. 17-3663, slip op. at 8 (6th Cir. July 16, 2018).  In so doing, the three judge panel aligned the Sixth Circuit with the Second, Fourth, Seventh, and Ninth Circuits in following the “broad view.”  Id. at 7.  The decision in this case provides Sixth Circuit litigators with another avenue when seeking class certification. This case was first filed back in 2008 by thirty named plaintiffs in the McCook Field neighborhood of Dayton.  Id. at 2.  The plaintiffs’ allege that the groundwater beneath their properties is contaminated with carcinogenic volatile organic compounds (VOCs), as a result of the defendants[1] releasing chemicals from their…

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