By Carol Wood, Carmen Toledo, Stephen Devereaux, Matthew Blaschke and Madison Kitchens (July 23, 2018, 12:36 PM EDT) -- On July 16, 2018, the Sixth Circuit affirmed an Ohio federal court's certification of a so-called "issue class" under Federal Rule of Civil Procedure 23(c)(4) in Martin v. Behr Dayton Thermal Products LLC,[1] thereby becoming one of the few courts that have certified a Rule 23(c)(4) issue class in a toxic tort action. By joining certain circuits that have adopted a "broad" approach to issue classes, the Sixth Circuit has allowed plaintiffs to proceed on a class basis by merely showing that common questions predominate over individualized questions with respect to seven issues. The court thus affirmed the district court's conclusion that individualized issues of causation, injury and damages could be reserved for follow-on proceedings — a ruling that may serve as persuasive authority for future toxic tort plaintiffs who seek to certify a class without having to establish a defendant's liability to any individual class member with common proof....