Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

SANDERS v. TAILORED CHEM. CORP.

July 29, 1983

CLARK SANDERS, DIANE SANDERS and MICHAEL SANDERS, on behalf of themselves and others similarly situated
v.
TAILORED CHEMICAL CORP.; and CLARK SANDERS, DIANE SANDERS and MICHAEL SANDERS v. TAILORED CHEMICAL CORP.



The opinion of the court was delivered by: TROUTMAN

 TROUTMAN, J.

 In moving for class certification the burden rests upon plaintiffs to overcome the numerous decisions which hold that certification is rarely appropriate in mass tort actions, "especially" those involving misconduct by one or more defendants over an extended period of time. See, e.g., Abed v. A.H. Robins Co., 693 F.2d 847, 852 (9th Cir. 1982), cert. denied, 459 U.S. 1171, 103 S. Ct. 817, 74 L. Ed. 2d 1015 (1983). We do not, however, base our conclusion upon any numerical preponderance among the decided cases which appears to favor defendant. Rather, our decision is grounded in the logic, reasoning and legal analysis of those cases which have generally denied class certification in "mass tort" products liability actions. Id.

 The highly individualized nature of plaintiff's claims would present insurmountable problems if this action were maintained as a class. Specifically, varying factual issues: representations made and purportedly relied upon by individual purchasers of urea formaldehyde insulation; the conduct of intermediary installers and the inherent problems of establishing causation all counsel against certification. Differing legal issues also present questions which admit to neither facile nor proper resolution through the class action device. Id. Finally, the requested monetary relief for personal injury and property damage underscores our conclusion that certification is inappropriate. La Mar v. H & B Novelty & Loan Co., 489 F.2d 461, 466 (9th Cir. 1973); Harrigan v. United States, 63 F.R.D. 402, 406 (E.D. Pa. 1974).

 An appropriate order shall issue.

 ORDER

 TROUTMAN, J.

 AND NOW, this 29th day of July, 1983, IT IS ORDERED that plaintiff's motion for class certification is DENIED.

19830729

© 1992-2004 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.