Boggs v. Divested Atomic Corp.
United States District Court for the Southern District of Ohio
141 F.R.D. 58 (1991)
Teresa Boggs and seven others (plaintiffs) lived within six miles of a gaseous diffusion plant that had processed radioactive materials since the 1950s and sued the plant's former and current operators (defendants) for personal injury and property damage from the plant's emissions, seeking to represent a class of thousands of current and former residents, owners, and lessees within that radius. The defendants opposed class certification.
Whether class certification should be granted under Rule 23(b)(1)(A) when the Rule 23(a) prerequisites are met and common issues predominate under Rule 23(b)(3), but separate trials risk inconsistent relief the defendant could not fully comply with.