Madison v. Chalmette Refining, L.L.C.
United States Court of Appeals for the Fifth Circuit
637 F.3d 551 (2011)
After petroleum coke dust allegedly released from Chalmette Refining, L.L.C.'s (Chalmette) (defendant's) adjacent refinery drifted over a historical reenactment at Chalmette National Battlefield, five attendees or parents of attendees (plaintiffs) sued for various injuries and losses, seeking Rule 23(b)(3) class certification on behalf of everyone present at the time; after limited discovery (depositions of named representatives only, with no discovery by plaintiffs) and a certification hearing at which no evidence was introduced, the district court orally certified the class and later issued a written order finding the predominant issue was simply whether class members were present and exposed, reserving individual damages issues for later resolution. Chalmette appealed under Rule 23(f).
Whether a court may grant class certification under Federal Rule of Civil Procedure 23(b)(3) without rigorous consideration of whether common questions predominate and how best to administer the dispute.