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Boyd v. Allied Signal12/30/2004
east eight other civil actions arising out of the release had been instituted.
On December 22, 1999, the Boyd plaintiffs filed their initial motion to certify their action as a class action, pursuant to La. C.C.P. art. 592. On Honeywell's motion, the various actions were consolidated. Extensive discovery was undertaken by the parties. On joint motion of the parties, the trial court issued a comprehensive case management order on March 22, 2001. On July 2, 2001, based upon the complexity of the factual and legal issues presented, the trial court appointed a special master with the consent of the parties, pursuant to La. R.S. 13:4165.
On August 1, 2002, in accordance with the case management order, the plaintiffs revised their initial motion for certification by the filing of a new motion for class certification, seeking certification on the issues of liability and causation. The evidentiary hearing on the issue of the certification of the class was held before the special master appointed by the trial court. The hearing took place on December 16, 17, 18, and 19, 2002, and January 28, 2003, with the special master presiding. Numerous exhibits were introduced and testimony was given by fact and expert witnesses. On March 23, 2003, the special master issued his report and recommendations on the issue of class certification to the trial court. After reviewing the factual and procedural history, the special master recommended that a class be certified on the liability issue only, with the class being defined by the class members' presence within or other relationship to a geographic area defined by named streets which roughly corresponded to the "shelter in place" zone radius. He further recommended that the class be divided into two subclasses, the first consisting of those class members whose claims were the first they ever made in a mass tort action or were for property damage, and the second consisting of those having filed claims in any other mass tort litigation. Finally, he made recommendations regarding the class representatives and class counsel, and also recommended that detailed new "proof of claim" forms be required and that proper notice be issued to all potential class members.
In compliance with the case management order previously issued, the defendants filed a timely motion in opposition to the special master's recommendations. The trial court's hearing on the defendants' objections to the special master's findings and recommendations was held on May 5, 2003. The trial court adopted the recommendations of the special master, with the exception of his recommendation to appoint the district attorney and an assistant district attorney as special class counsel for the second subclass, and its judgment in that regard was signed on May 20, 2003. This appeal followed.
STANDARD OF REVIEW
The trial court's decision to certify a class action is a two-step process. The trial court must first determine whether a factual basis exists for class action certification. If the trial court finds that a factual basis exists for certification, it then must exercise its discretion in deciding whether to certify the class. Appellate review must therefore consist of a two-part analysis. The trial court's factual findings in the first step of certification are subject to review under the manifest error standard. The trial court's ultimate decision regarding certification is then reviewed under the abuse of discretion standard. Mire v. EatelCorp, Inc., 02-1705, p. 3 (La.App. 1st Cir.5/9/03), 849 So.2d 608, 612, writ denied, 03-1590 (La.10/3/03), 855 So.2d 317. The appellate courts will only decertify a class where there is an abuse of the trial court's vast discretion. Ba
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