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Judge rejects class-action status in trailer suits
Insurance | 2009/01/03 02:37
A federal judge on Monday refused to grant class-action status to lawsuits claiming that thousands of Gulf Coast hurricane victims were exposed to potentially toxic fumes while living in government-issued trailers.

U.S. District Judge Kurt Engelhardt ruled that a batch of lawsuits on behalf of hundreds of plaintiffs against the federal government and several trailer manufacturers can't be handled as a class action because each person's claim is unique and must be examined individually.


Government tests found elevated levels of formaldehyde in many of the trailers that housed victims of Katrina and Rita after those powerful hurricanes clobbered the Gulf Coast in 2005. Formaldehyde is a preservative that can cause breathing problems and is classified as a carcinogen.

Lawyers for the storm victims accuse trailer makers of using shoddy materials and building methods in a rush to meet the government's demand for emergency housing for the displaced. The attorneys had argued that a class-action lawsuit would efficiently resolve all the cases from Louisiana, Texas, Mississippi and Alabama that Engelhardt is presiding over in New Orleans.

But the judge said the cases involve hundreds of trailer models made by dozens of companies and occupied by people with varying medical histories and symptoms.

"Each plaintiffs' claims and alleged injuries will require an examination of individual evidence," Engelhardt wrote in a 50-page ruling.

Tony Buzbee, one of the lead lawyers for plaintiffs, said he respects the judge's decision but hasn't ruled out an appeal.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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