Mosaic Fertilizer Undoes Fishermen Class in Spill Suit

Fishermen alleging Mosaic Fertilizer LLC damaged fishing prospects in Tampa Bay, Fla., were improperly granted class status, a Florida appeals court ruled Nov. 9.

Two fishermen’s personal observations of changes in marine life aren’t sufficient evidence of classwide injury, Judge Stevan T. Northcutt wrote for the Florida District Court of Appeal, Second District.

Howard Curd and other commercial fishermen sued Mosaic alleging a pollutant-rich wastewater pond at the company’s phosphate plant overflowed and polluted Tampa Bay. The spill killed sea life and damaged the reputation of fishery products the fishermen are able to catch and sell, they alleged.

The lower ...