7th Circ. Reminder On Challenging A Class's Predominance
Law360, New York (February 25, 2014, 8:41 PM EST) -- The U.S. Court of Appeals for the Seventh Circuit recently reversed the certification of a class of property owners who claimed an Illinois refinery leaked potentially carcinogenic chemicals into their property and water supply, and required additional evidentiary findings of claim commonality. Parko v. Shell Oil Co. (7th Cir. Jan 17, 2014) (rev'g Parko v. Shell Oil Co., 2013 (S.D. Ill. Sept. 3, 2013)). The opinion provides a significant reminder that predominance in class certification should not be treated as a mere pleading requirement; a rigorous analysis of evidence is required to determine the cohesion of a class.
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