Class Action / Environmental
Samples v. Conoco, Inc., et al, No 2001-CA-000631, Div. “J” (Escambia County First Judicial Circuit Court, Florida) (Order of October 19, 2004) (granting final approval of a settlement awarding 65 million dollars to a certified class of property owners in Pensacola Florida for damages related to ground and surface water pollution);
(Order of August 28, 2003) (certifying class of property owners living near NPL site for economic loss) (class counsel were "shown to be qualified, adequately financed, and possessed sufficient experience in the subject matter of the class action. . . as well as complex environmental litigation. . . have demonstrated both their commitment to vigorously pursue this matter on behalf of the class as well as their qualifications to do so."). See also, Scott Streater, Feds Urged To Revisit Plume Plan, Pensacola News Journal (Sept. 10, 2003); Scott Streater Golden Seeking Probe By Grand Jury, Pensacola News Journal (Sept. 10. 2003)
Janes v. Ciba Geigy, No. L-1669-01, Mass Tort Code 248 (Middlesex Cty., NJ) (May 16, 2003) (certifying class of property owners living near NPL site for economic losses) (“Class Counsel has the requisite experience, skill and competency in dealing with class actions and complex litigation”), p. 21; featured in Judge Rules Neighbors Can Sue Ciba-Geigy, The Star-Ledger (May 22, 2003)
Petrovic, et al. v. Amoco Oil Company, 200 F.3d 1140 (8th Cir. 1999) (adequacy of representation in class action and affirming discretion of trial court to refuse to use subclasses in environmental cases), cited with approval in Manual for Complex Litigation (3d ed.) (2002 ed.), § 30.18, p. 246; Newberg On Class Actions, §11.41 (Criteria for approval of final settlement); §11.38 (Awards of individual benefit in class settlement) (2003); Wright & Miller, Federal Practice & Procedure §1797 (Dismissal or compromise of class actions)
City of Independence, et al. v. Amoco Oil Company, No. 95-0019-CV-W-2 (W.D. MO) consolidated with Petrovic, et al. v. Amoco Oil Company, No. 95-0121-CV-W-2 (W.D. Mo. July 10, 1997) (Gaitan, J.) (certifying pollution property damage class action); “Plaintiffs Raise Optimal Land Use Theory In Class Action Against Petroleum Refinery,” BNA Toxics Law Reporter, p.413 (September 10, 1997)
City of Independence, et al. v. Amoco Oil Company, No. 95-0019-CV-W-2, No. 95-0121-CV-W-2 and Petrovic, et al. v. Amoco Oil Company, No. 95-0121-CV-W-2 (W.D. Mo. August 26, 1998) ($7.6 million settlement fund in class action for pollution property damage; “[t]he court finds that class counsel fulfilled its [fiduciary] duties to the class in an exemplary manner against a worthy opponent”), aff’d on appeal, Nos. 98-3816, 99-1334, 200 F.3d 1140 (8th Cir. 12/30/99)
Wehner v. Syntex Corp., 117 F.R.D. 641, 17 ELR 20957, 25 E.R.C. 2107 (N.D. Cal. 1987) (Williams, J.) (CERCLA class action certified)
Kass v. City of Santa Rosa, No. 146253 (Sonoma Cty., CA) (Order of August 14, 1988, Bertonelli, J.) (successfully certified and settled economic harm class action for victims of flood caused by government mismanagement of water resources)
Vernon Village, Inc. v. Gottier, et al., No. H-88-48 (JAC) (D. Conn. Sept. 15, 1988) (certified and then settled a CERCLA and nuisance class action)
