Rulings Granting Rule 23(f) Petitions To Appeal Class Certification DecisionsSource - Journal of Appellate Practice and Process Summer 2022 IssueIn In Re E.I. DuPont de Nemours & Company C-8 Personal Injury Litigation, 2022 U.S.App. LEXIS 25452 (6th Cir. Sept. 9, 2022), the plaintiff sued manufacturers of chemicalsknown as PFAS, which are now so widespread that they can be found in the blood ofvirtually every person in the United States. The plaintiff alleged that exposure to PFASincreases the risk of diseases such as cancer, and he asserted nationwide tort claimsand initially sought certification of a nationwide class of over 330 million Americans.Plaintiff sought relief in the form of an order requiring defendants to establish a “sciencepanel” to study the human health effects of PFAS and to provide “medical monitoring” toevery class member. The district court granted certification of an Ohio injunctive reliefclass under Rule 23(b)(2), which consisted of almost 12 million Ohio residents. The56© Duane Morris LLP 2023Duane Morris Class Action Review – 2023
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