5th Circ. Undoes Class Cert. In Arkema Explosion Suit

Law360 (January 25, 2021, 5:29 PM EST) -- The Fifth Circuit has vacated class certification for a group of property owners suing Arkema Inc. over an explosion and chemical release that took place during 2017's Hurricane Harvey, holding more evaluation is needed to determine whether the claims can be effectively addressed in a class action.

The ruling issued by the Fifth Circuit panel on Friday reverses U.S. District Judge Keith P. Ellison's June 2019 ruling granting class certification. Arkema had argued there was no way the claims, involving 20,000 parcels of property over a 154-square-mile area surrounding the Crosby, Texas, facility, could be litigated as a class action because...

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