Kieta Alexander v. Norfolk Southern: Another Toxic Torts Class Denied Certification in the Wake of Dukes

After the U.S. Supreme Court issued its transformative decision in Dukes, et al. v. Wal-Mart Stores, Inc., No. 10–277 (June 20, 2011), holding that plaintiffs alleging employment discrimination had failed to demonstrate the existence of common questions sufficient for class certification under Federal Rule of Civil Procedure 23(a)(2), we wrote about two cases that applied Dukes in the toxic torts context: Michigan State Court Issues One Of The First Opinions Applying Dukes In A Non-Employment Class Action Setting, July 20, 2011 and Supreme Court's Tightening of Class Action Standards in Dukes Relied on by Third Circuit to Defeat Proposed Medical Monitoring and Toxic Tort Class, August 26, 2011. A new case from Louisiana shows that the trend of courts relying on Dukes in the toxic torts context continues.

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