Class Certification Denied in Coal Ash Litigation

Shook, Hardy & Bacon represented a large electric utility in multiple environmental class actions as well as multi-party and individual toxic tort actions arising from the failure of a fly ash holding pond at a power plant near at Kingston, Tennessee. We obtained decisions denying class certification, personal injury claims and punitive damage claims. The U.S. Court of Appeals for the Sixth Circuit upheld the decision to deny class certification. Mays v. Tennessee Valley Authority, 274 F.R.D. 614 (E.D. Tenn. May 10, 2011).