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Kirkland Wields Wal-Mart v. Dukes Ruling to Knock Out Dow Chemical Toxic Tort Class
This week lawyers for The Dow Chemical Company at Kirkland & Ellis won what they say is the first decision to apply Wal-Mart v. Dukes in an environmental mass tort. A state court judge in Michigan on Monday refused to re-certify a 2,500-member class alleging that contamination by Dow Chemical dioxins decreased property values along a 22-mile-long river floodplain.With help from the U.S. Supreme Court's ruling for Wal-Mart in the Dukes case, Dow Chemical's lawyers at Kirkland & Ellis were able to convince a Michigan state judge to reverse two of his own previous decisions allowing class claims over alleged dioxin contamination.
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