FISHER V. CIBA SPECIALITY CHEMICALS CORP.
245 F.R.D. 539 (S.D. Ala 2007)
NATURE OF THE CASE: Fisher (Ps), five property owners sued Ciba (Ds), a chemical company
and others, alleging diminished property values due to contamination by DDT and Ds moved to
sever pursuant to Fed. R. Civ. P. 20 and 21.
FACTS: Ps, five individual plaintiffs who own property, alleged diminution in value to
their real estate caused by environmental contamination by DDT emanating from D's plant. Ps'
motion for Class Certification was denied. Ps have continued to prosecute their individual
causes of action on state-law theories of negligence, conspiracy, strict liability,
trespass, nuisance, intentional misrepresentation, negligent misrepresentation, fraud and
fraudulent concealment, constructive fraud, and punitive/exemplary damages, as well as a
federal claim under RICO. All five Ps assert the same claims against the same Ds on the same
legal theories. D moved to sever. Ds claim that a common trial would be inefficient and
prejudicial. Ds also argue that severance is warranted because Ps never moved for
consolidation and this Court never entered an order consolidating the five cases. Ps arguing
that severing essentially identical claims would affect great inefficiency, undue delay and
undue expense, while also burdening the Court with presiding over a largely similar trial
five times in a row.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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