Duane Morris Class Action Review - 2023 - Report - Page 57
Rulings Granting Rule 23(f) Petitions To Appeal Class Certification Decisions
Source - Journal of Appellate Practice and Process Summer 2022 Issue
In 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 chemicals
known as PFAS, which are now so widespread that they can be found in the blood of
virtually every person in the United States. The plaintiff alleged that exposure to PFAS
increases the risk of diseases such as cancer, and he asserted nationwide tort claims
and 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 “science
panel” to study the human health effects of PFAS and to provide “medical monitoring” to
every class member. The district court granted certification of an Ohio injunctive relief
class under Rule 23(b)(2), which consisted of almost 12 million Ohio residents. The
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Duane Morris Class Action Review – 2023
