Citing Dukes, Mich. Judge Bars Class In Dow Dioxin Suit

Law360, New York (July 19, 2011, 8:08 PM EDT) -- A Michigan judge on Monday refused to recertify a class of property owners accusing Dow Chemical Co. of negligently releasing dioxin into a river floodplain, citing the U.S. Supreme Court’s recent decision in Wal-Mart Stores Inc. v. Dukes.

A law firm representing Dow said Tuesday that visiting Judge Leopold Borrello's ruling in Saginaw County Circuit Court was the first to apply the Supreme Court's decision, which toughened class action certification standards, in the context of an environmental mass tort.

Judge Borrello said that, in light of...
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