Class Certification Denied in Arkansas Class Action Involving Georgia-Pacific
The Arkansas Supreme Court reversed class certification in Georgia-Pacific Corp. v. Carter, No. 07-105 (10/11/07).
Property owners filed a class action against Georgia-Pacific claiming nuisance. The plaintiffs alleged that toxic substances from the Georgia-Pacific plant in Crossett, Arkansas (seen below) caused injury to their property. The trial court certified the class.
The supreme court reversed, finding that common issues predominate over individual issues. The court observed that toxic tort cases, like products liability cases, are less often suitable for class action treatment. Because the essence of a nuisance claim is the interference with the property owner's use, the individual issues predominated, and this class action could not be certified.
