Class Certification Upheld in Ohio “Noxious Odors” Lawsuit

Author: Jeremy Gilman (former Partner at Benesch Law)

Plaintiffs, seven in all, resided in Garfield Heights, Ohio.  They sued various defendants, including the City of Garfield Heights, alleging “that noxious odors in their neighborhood affected the use and enjoyment of their properties.”  The odors, they claimed, resulted from the redevelopment of land that had decades earlier been used as a landfill.  Plaintiffs contended that in 2002, waste materials that had previously been deposited at the landfill “were disturbed as developers explored ideas for using the property.”  The property eventually became a shopping center. Continue reading “Class Certification Upheld in Ohio “Noxious Odors” Lawsuit”

Human v. Mouse

Author: Jeremy Gilman (former Partner at Benesch Law)

What conceivable correlation exists between class actions and pests?

No, it’s not that.  At least not for Jeanne Steigerwald.

Hers was a story that started, she claimed, when she noticed “mice droppings in her pantry, kitchen, and garage.”  That propelled her to Walmart, where she dropped around $25 for a three-pack of “Ultrasonic Pest Repellers.” Continue reading “Human v. Mouse”

Plus Feature: Third Circuit Establishes Test For Numerosity Under Rule 23(a)(1)

While Fed. R. Civ. P. 23(a)(1), the “numerosity” requirement, is not a frequently challenged issue in many class actions, its importance cannot be ignored. Rule 23(a)(1) mandates that in order to certify a class action, the plaintiff must prove that the “class is so numerous that joinder of all members is impracticable.” While cases involving more than 40 potential class members are typically considered to satisfy this requirement, case law provides little guidance for determining whether joinder is “impracticable” in smaller potential classes. Continue reading “Plus Feature: Third Circuit Establishes Test For Numerosity Under Rule 23(a)(1)”

New Win for Old Spice

Author: Jeremy Gilman (former Partner at Benesch Law)

Procter & Gamble was sued this March in the Southern District of Ohio by about 180 persons claiming they had bought and were injured by applying thirteen different Old Spice deodorant products manufactured and sold by P&G.  They contended that by using those deodorants, they “suffered severe burning, rashes, irritation, discoloration, scarring, peeling of skin, and/or other injury requiring them to immediately cease using the product.”  Their 180-page, 66-count, 840-paragraph amended complaint includes breach of warranty, Magnusson-Moss, negligence, unjust enrichment, products liability and state statutory claims and seeks injunctive relief and damages, both compensatory and punitive.  On top of that, their pleading is adorned with any array of color photos of body parts, mostly armpits, and identifies their owners and their addresses.  Editor’s note:  view with caution. Continue reading “New Win for Old Spice”