Civil Procedure Keyed to Mueller
Fisher v. Ciba Specialty Chemicals Corporation
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
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Jessie Fisher, Arlean Reed, Barbara Byrd, Ronald McIntyre, and Sharon Greer (plaintiffs) sued current and former owners of Ciba Specialty Chemicals Corporation (Ciba) (defendants), alleging that DDT from Ciba’s plant contaminated their individual properties. The plaintiffs initially sought class action status, but the court denied certification on the ground that common questions did not predominate over individualized ones, among others. Contending that a single trial would be inefficient and prejudicial to them, the defendants moved to sever the plaintiffs’ claims into five separate trials. The case involved a mix of common and individualized evidence. The same nine expert witnesses would likely be called to testify with respect to each of the plaintiffs’ claims, however, and the experts all lived out of state. The district court considered the defendants’ motion.
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