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Arkansas Federal Court Denies Class Certification in Property Damage Suit

2015-02-12 21:25:04| Appliances - Topix.net

Exemplifying the reluctance of many courts to allow toxic tort cases to proceed as class actions, a federal judge in Arkansas denied certification of a putative class of neighboring landowners who claimed the Defendant's failure to adequately remediate contamination damaged their property values. See Whirlpool Corporation discovered the presence of elevated concentrations of triochloroethylene in the soil and groundwater of its Fort Smith, Arkansas manufacturing plants in the 1980s, and subsequently agreed to investigate and remediate impacted groundwater at the northern portion of its facility.

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