Parko v. Shell Oil Co.

Dist. Ct. erred in certifying class of property owners in instant lawsuit alleging that defendants-owners of oil refinery had allowed benzene and other contaminants to leak into groundwater under class members’ homes. Record was unclear as to whether plaintiffs would be able to identify any common issues where: (1) class members obtained their drinking water from other non-contaminated source; and (2) any reduction in property values of members’ homes might be unrelated to any alleged contamination. Moreover, Dist. Ct. erred in failing to conduct hearing as to whether plaintiffs could have presented common evidence and single methodology to prove both injury and damages prior to ruling on certification motion.