Black v. Rhone-Poulenc, Inc.

173 F.R.D. 156, 1996 WL 897397
CourtDistrict Court, S.D. West Virginia
DecidedDecember 19, 1996
DocketCivil Action No. 2:96-0163
StatusPublished
Cited by18 cases

This text of 173 F.R.D. 156 (Black v. Rhone-Poulenc, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black v. Rhone-Poulenc, Inc., 173 F.R.D. 156, 1996 WL 897397 (S.D.W. Va. 1996).

Opinion

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiffs’ motion for class certification. The Court conditionally GRANTS the motion.1

I. FACTUAL BACKGROUND

Defendant is a New York corporation doing business in Kanawha County, West Virginia. Plaintiffs are putative class representatives of persons seeking redress for events that occurred on February 15, 1996. A fire broke out at Rhone-Poulenc’s Institute, West Virginia plant on that date (hereinafter the “Fire”). During the Fire, a cloud of toxic substances containing toluene and MIC was released into the atmosphere.

Pre-established emergency response procedures were implemented by Defendant and public officials. As a result, the public was ordered to shelter-in-place and certain thoroughfares were closed temporarily. Some individuals suffered physical injuries from exposure to the chemicals. Most suffered only inconvenience and emotional distress.

Plaintiffs filed this action on February 26, 1996. The Amended Complaint contains four counts alleging claims for (1) strict liability pursuant to Restatement (Second) of Torts § 519 (1977); (2) general strict liability or, in the alternative, negligence; (3) intentional infliction of emotional distress; and (4) negligent infliction of emotional distress.2 The complaint seeks compensatory and punitive damages as well as equitable relief requiring Defendant’s submission to regular independent safety audits.

Plaintiffs have moved now for class certification. This relief is vigorously opposed by Defendant. According to Plaintiffs, the proposed class should consist of “all persons or other entities, who or which sustained damage as a result of the leak of toxic gas from the Institute, West Virginia facility of [Defendant] on February 15, 1996.” Pls.’ certific. mot. at 1.3

II. DISCUSSION

A. General Principles:

Our Court of Appeals stated in Lukenas v. Bryce’s Mountain Resort, Inc., 538 F.2d 594, 595 (4th Cir.1976) that “[t]o maintain a class action, one must satisfy all four of the provisions of [Rule 23] section (a) and one of the subdivisions of section (b).” See United Bhd. of Carpenters & Joiners of Am., Local 899 v. Phoenix Assocs., Inc., 152 F.R.D. 518, 521 (S.D.W.Va.1994) (Haden, C.J.). Rule 23(a) provides as follows:

One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defens[159]*159es of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

Id.; see Simmons v. Poe, 47 F.3d 1370, 1380 (4th Cir.1995); Boley v. Brown, 10 F.3d 218, 223 (4th Cir.1993). Rule 23(b) provides:

An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:
(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.

Id.; see also Central Wesleyan College v. W.R. Grace & Co., 6 F.3d 177, 184 (4th Cir.1993) (discussing the four factors).

The Court may also certify an action to be maintained as a class action with respect to particular issues. Fed.R.Civ.P. 23(c)(4); Central Wesleyan, 6 F.3d at 185 (stating “This court also has admonished district courts to ‘take full advantage of the provision in [Rule 23(c)(4) ] permitting class treatment of separate issues’ in order ‘to promote the use of the class device and to reduce the range of disputed issues’ in complex litigation.”).

The party seeking certification under Rule 23 bears the burden of demonstrating the requirements of the Rule. See, e.g., International Woodworkers of Am. v. Chesapeake Bay Plywood Corp., 659 F.2d 1259, 1267 (4th Cir.1981)4; Windham v. American Brands Inc., 565 F.2d 59, 65 (4th Cir.1977), cert. denied, 435 U.S. 968, 98 S.Ct. 1605, 56 L.Ed.2d 58 (1978) (stating “It is well settled in this jurisdiction that the proponent of class certification has the burden of establishing the right to such certification under Rule 23.”); Doctor v. Seaboard Coast Line R.R. Co., 540 F.2d 699, 707 (4th Cir.1976); Phoenix, 152 F.R.D. at 521.

With or without resort to a hearing, the Court is called upon to make a detailed fact-based inquiry into the propriety of certification. See, e.g., Chesapeake, 659 F.2d at 1267-68 (stating “We have often emphasized the value of specific findings on the factors enumerated in Rule 23[.]”); Shelton v. Pargo, Inc., 582 F.2d 1298, 1312-13 (4th Cir.1978); Doctor, 540 F.2d at 708. This Court recognized in Phoenix, “[t]he assessment required for class certification is the responsibility of the District Court, which is to make its decision after la rigorous analysis’ of the particular facts of the case.” Id. at 521 (quoting in part In re A.H. Robins Co. Inc., 880 F.2d 709, 728 (4th Cir.), cert. denied, 493 U.S. 959, 110 S.Ct. 377, 107 L.Ed.2d 362 (1989)).

The recent trend in class certification decisions is to interpret Rule 23 flexibly and give it a liberal construction. Kidwell v. Transp. Communications Int'l Union, 946 F.2d 283, 305 (4th Cir.1991), cert. denied, 503 U.S. 1005, 112 S.Ct. 1760, 118 L.Ed.2d 423 (1992); A.H. Robins, 880 F.2d at 740; Phoenix, 152 F.R.D. at 521.

A district court enjoys broad discretion in making a certification decision:

This Court, in reviewing the class certification decisions of district courts under Rule 23, has generally accorded great def[160]

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Bluebook (online)
173 F.R.D. 156, 1996 WL 897397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-rhone-poulenc-inc-wvsd-1996.