Ebert v. General Mills, Inc.

823 F.3d 472 (2016)

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Ebert v. General Mills, Inc.

United States Court of Appeals for the Eighth Circuit
823 F.3d 472 (2016)

  • Written by Tammy Boggs, JD

Facts

General Mills, Inc. (defendant) operated an industrial facility in a Minneapolis neighborhood for many years. Between 1947 and 1962, General Mills disposed of hazardous substances by burying them in the ground in drums. After 1980, in cooperation with federal and state regulators and without admitting fault, General Mills agreed to address and remediate the presence of a toxic chemical, trichloroethylene (TCE), in groundwater. In the 2010s, General Mills discovered that TCE vapors might have migrated to soil. Based on sample testing of TCE concentration in soil gas beneath building foundations, General Mills installed vapor-mitigation systems in 118 homes in the surrounding neighborhood, while no TCE could be detected around 327 homes. A few neighborhood homeowners (the owners) (plaintiffs) sued General Mills for alleged TCE vapor contamination and decreased property values. The owners based their toxic-tort action on several legal theories, such as negligence, nuisance, and violation of environmental laws. The owners sought damages for harm to property and injunctive relief for comprehensive remediation. The trial court granted the owners’ motion for class certification based on finding a predominance of common issues. The court structured the proceedings so that liability would be determined in one phase, any individuals with personal-injury claims were excluded from the class, and damages would be determined in another phase. General Mills appealed.

Rule of Law

Issue

Holding and Reasoning (Beam, J.)

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