Good v. American Water Works Co., Inc.

310 F.R.D. 274 (2015)

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Good v. American Water Works Co., Inc.

United States District Court for the Southern District of West Virginia
310 F.R.D. 274 (2015)

Facts

Residents, employees, and business-owners (residents) (plaintiffs) of Charleston, West Virginia, filed suit against American Water Works Co., Inc. (American) and others (defendants) after a chemical spill contaminated a nearby river and infiltrated American’s Charleston water-treatment plant, causing a temporary interruption in the local water supply. The residents sought compensation for costs incurred as a result of the interruption. In their First Amended Consolidated Class Action Complaint, the residents alleged 15 counts of negligence, breach of warranty, products liability, and other claims. The residents then moved pursuant to Federal Rule of Civil Procedure 23(c)(4) for class certification for the issues of liability and exemplary damages, and pursuant to Rule 23(b)(3) for damages. The residents’ claim that the common issues for which they sought certification included fault for failing to take measures to prevent the interruption in water supply and comparative fault between the defendants.

Rule of Law

Issue

Holding and Reasoning (Copenhaver, J.)

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