Asarco Wants Defendant Class Certified In Union Benefit Fight

Law360 (May 8, 2019, 2:25 PM EDT) -- Asarco LLC has asked a Texas federal judge to certify a class of retirees as defendants in its suit seeking a green light to alter or cut off their medical and prescription drug benefits, saying several unions named in the case were adequate, if unwilling, class representatives.

In its motion Tuesday, Asarco told the court that the proposed class of defendants meets all of the statutory requirements for certification outlined in Federal Rule of Civil Procedure 23. Defendant classes aren't novel and have been certified by federal courts before, including in an earlier action by the mining company, Asarco said....

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