Lynne Liberato in Mealey's Litigation Report - Class Actions: Judge Refuses to Certify Class After Finding Expert's Analyses Unreliable


A federal judge in Texas on Sept. 30 refused to certify a class for property owners near a refinery formerly owned by BP Products North America Inc., after finding that a real estate trend analysis and regression model analysis conducted by their expert were unreliable and could not be used to establish causation and damages (Kyle Cannon, et al. v. BP Products North America Inc., No. 10-CV-00622, S.D. Texas; 2013 U.S. Dist. LEXIS 142934).

(Opinion available 08-131011-022Z)

U.S. Judge Gregg Costa of the Southern District of Texas excluded the testimony of Dr. Robert Simon and then held that the proposed class could not be certified because individuals issues predominated over classwide issues.

Excerpted from Mealey's Litigation Report - Class Actions, October 24, 2013. To view full article, click here (subscription required).

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