Black v. Rhone-Poulenc, Inc.
United States District Court for the Southern District of West Virginia
173 F.R.D. 156 (1996)
- Written by Mary Phelan D'Isa, JD
Facts
A New York corporation, Rhone-Poulenc, Inc. (Rhone-Poulenc) (defendant) was sued for damages resulting from the release of a cloud of toxic substances at the corporation’s West Virginia plant. An amended complaint seeking compensatory and punitive damages as well as equitable relief was filed, and the plaintiffs sought class certification for all persons or entities who sustained damage from the toxic gas leak at the West Virginia plant. Rhone-Poulenc contested the adequacy of the class representatives’ ability to assure vigorous prosecution. Specifically, Rhone-Poulenc argued that some of the class representatives only learned of their status shortly before they were deposed, were not familiar with a class representative’s duties, and never read the amended complaint.
Rule of Law
Issue
Holding and Reasoning (Haden, C.J.)
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