Justia Class Action Opinion Summaries

Genova manufactures vinyl pipes and rain gutters. It operated a plant in Hazleton, Pennsylvania. Former employees of that plant filed a putative class action, seeking medical monitoring for their alleged exposure to toxic substances. Genova ceased operations at its Hazleton facility in 2012, more than two years before the suit was filed. Plaintiffs claimed to have discovered previously unavailable Material Safety and Data Sheets (MSDSs), revealing that, while working for Genova, they were exposed to carcinogens and other toxic chemicals linked to various diseases or conditions and that Genova violated the Occupational Safety and Health Administration Hazard Communication Standard, 29 C.F.R. 1910.1200, by failing to inform them about the chemicals to which they were exposed and by failing to provide the requisite protective equipment. No members of the putative class have suffered an injury or illness linked to the substances used at Genova’s plant. The Third Circuit affirmed the dismissal of the suit as barred by the two-year limitations period. Reasonable minds would not differ in finding that the plaintiffs did not exercise the reasonable diligence required for the discovery rule to toll the statute of limitations. Information concerning the dangers of the chemicals to which they were exposed was widely available for decades before they filed their complaint. View "Blanyar v. Genova Products Inc" on Justia Law

The Third Circuit affirmed the approval of a settlement of an FRCP 23(b)(3) class action arising out of hexavalent chromium contamination in Jersey City, New Jersey. The class action was brought on behalf of property owners in several neighborhoods whose homes were allegedly contaminated by by-products disposed of at chromium chemical manufacturing plants, owned and operated by the predecessors of Honeywell and PPG. Plaintiffs asserted common law tort claims and civil conspiracy claims for depreciation of their property values due to the alleged contamination, but not claims for harm other than economic loss to property value, such as personal injury or medical monitoring claims. The district court certified a settlement-only class as to the claims against Honeywell and approved a $10,017,000 settlement fund, which included an award of costs and attorneys’ fees for plaintiffs’ counsel. Overruling an objection by a member of the Honeywell settlement class, the Third Circuit concluded that the class certification requirements of FRCP 23(a) and (b)(3) are satisfied, and the district court did not abuse its discretion in approving the settlement under FRCP 23(e) and the award of attorneys’ fees under FRCP 23(h). The court remanded for reconsideration of the award of costs under Rule 23(h). View "Halley v. Honeywell International Inc" on Justia Law