Muddying the Waters: The Downstream Implications of Wal-Mart v. Dukes for Medical Monitoring Class Actions in Missouri

Authors

  • Rachel D. Guthrie

DOI:

https://doi.org/10.5195/pjephl.2013.52

Abstract

In 2011, in Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court heightened scrutiny of class certification under Federal Rule of Civil Procedure (FRCP) 23(a)(2)'s commonality requirement and imposed a strict injunctive standard for relief sought under FRCP Rule 23(b)(2). In 2007, the Missouri Supreme Court followed several other states in acknowledging that claimants tortiously exposed to toxins may seek medical monitoring for latent disease in a class action. Although state courts are not bound by federal procedural rules, class actions increasingly invoke federal jurisdiction, and this Article attempts to analyze the likely implications of Dukes for toxic exposure class actions. Further, using Missouri as a benchmark, this Article provides suggestions for bolstering the chances of recovery for toxic exposure claimants facing removal to federal courts.

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Published

2013-06-06

Issue

Vol. 7 (2013): Volume 7, Issue 2: Spring 2013

Section

Notes

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