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6th Circ. Upholds Class Denial In Toxic Train Spill Suit

Law360 (January 27, 2009, 12:00 AM EST) -- Crushing the plaintiffs' latest attempt to secure class status in a suit over a train derailment and chemical spill, the U.S. Court of Appeals for the Sixth Circuit has affirmed a denial of class certification for Tennessee residents seeking damages from Norfolk Southern Corp.

The Sixth Circuit issued its opinion Thursday, asserting that the “plaintiffs did not demonstrate that the number of people who had been harmed by the spill, but not fully compensated, was not sufficiently numerous to make joinder impracticable” — a requirement for...
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