Wilson v. Brush Wellman Inc.
- Case Date: 7/14/2003
- Project Name: Class Action Reform
On November 18, 2004, the Ohio Supreme Court overturned a lower-court decision that certified a class action consisting of thousands of individuals who worked at an Ohio manufacturing facility over the past half-century. The decision was a victory for WLF, which filed a brief in the case urging that the class be decertified. The court agreed with WLF that certification of the class was wholly inappropriate given the widely disparate claims of each of the class members. The case involves workers at an Ohio plant used for producing beryllium alloy; the plaintiffs have no symptoms of disease but want the plant owner to pay to establish a medical monitoring program for all those who have ever worked at the plant. The court ruled that certification was even less appropriate under Rule 23(b)(2) (class actions seeking injunctive relief) than under Rule 23(b)(3), the more commonly invoked class action rule.
More Information and Downloads:
7/14/2003: Download the Brief
Litigation Update: Court Decertifies Medical Monitoring Class Action
Press Release: Court Urged to Decertify Medical Monitoring Class Action