Class Status for Vapor Intrusion Cases Harder to Achieve After Dukes Decision

The “very harsh” standard set down by the U.S. Supreme Court in Wal-Mart v. Dukes makes it more difficult to get class status in vapor intrusion cases, an environmental attorney said at a July 14 webinar.

Plaintiffs have a hard time establishing predominance in these cases because it is tough to prove everyone has the same injury, Suzanne Ilene Schiller, of Manko, Gold, Katcher & Fox LLP in Bala Cynwyd, Pa., said at an ALI-CLE event on vapor intrusion.

Before the decision, courts were more willing to certify vapor intrusion cases, Schiller said.

She cited Stoll v. Kraft Foods Global Inc., 2010 BL 320823