Class Cert. Denied In 2 TVA Coal Ash Suits

Law360, New York (May 13, 2011, 4:29 PM EDT) -- A federal judge gave the Tennessee Valley Authority a boost Tuesday in consolidated lawsuits over the 2008 spill of coal ash sludge near the Watts Bar Reservoir, denying class certification to plaintiffs in two of the cases.

Unmoved by plaintiff objections, U.S. District Judge Thomas A. Varlan adopted the Jan. 19 recommendations of a magistrate judge who found the area property owners and residents asking for class action certification had not demonstrated the necessary requirements of numerosity, typicality or adequacy of representation.

The dispute relates to...
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