Class Action/Environmental

Samples v. Conoco, Inc., et al, No 2001-CA-000631, Div.J (Escambia County First Judicial Circuit Court, Fla.) (Order of Aug. 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."); aff'd Conoco v. Samples, No. 1 D03-4157 (First Dist.Ct.App., Fla.) (Apr. 1, 2004). 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); (Final Order of Oct. 19, 2004, Approving Settlement and Final Judgement, including client payments of $65 million plus additional monies for attorney fees and costs).

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); See Janes v. Ciba Geigy Corp., 2007 WL 1362469 (N.J. Super.A.D.) 2007 (affirming on tolling of limitations period and class certification).

Petrovic, et al. v. Amoco Oil Company, 200 F.3d 1140, 49 ERC 1972, 45 Fed.R.Serv.3d 948, 30 ENVTL.L.REP. 20,259 (8th Cir. 1999) No. 98-3816, 99-1334 (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 (3rd 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); Donald R. Frederico, Class Certification and Class Settlements in Environmental Cases, Toxic Torts and Environmental Law Committee Newsletter, ABA, TIPS Section (Spring 2005), p. 9.

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 (Sept. 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. Aug. 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); discussed in Robert R.M. Verchick, Free Speech, Toxic Torts, and the Battle of Sugar Creek, 70 UMKC L. REV. 245 (Winter 2001) (on settlement).

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 Aug. 14, 1988, Bertonelli, J.) (successfully certified and settled economic harm class action for victims of flood caused by government mismanageŽment 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).