MADISON V. CHALMETTE REFINING, L.L.C.
637 F.3d 551 (2011)
NATURE OF THE CASE: Refining (D) appealed from an order certifying a class, alleging
claims arising out of a petroleum coke dust release from its refinery.
FACTS: Schoolchildren participated in a historical reenactment at the Chalmette National
Battlefield. D's refinery is adjacent to the battlefield released an amount of petroleum
coke dust that Madison (Ps) migrated over the battlefield. Ps filed suit, seeking a variety
of damages, including personal injury, fear, anguish, discomfort, inconvenience, pain and
suffering, emotional distress, psychiatric and psychological damages, evacuation, economic
damages, and property damages. The district court allowed the parties to conduct discovery
on the issue of class certification. D deposed each of the five named class representatives.
Ps then moved for class certification under Rule 23(b)(3), asserting that this lawsuit is a
type of action where 'questions of law or fact common to class members predominate over any
questions affecting only individual members, and that a class action is superior to other
available methods for fairly and efficiently adjudicating the controversy.' Two years later,
the district court held a hearing on the motion to certify the class. At the conclusion of
that hearing, and without any evidence being introduced, the district court orally granted
Ps' motion. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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