U.S. Magistrate Stephen Riedlinger in Baton Rougehas recommended class action status of ExxonMobil lawsuit to be denied.
The recommendation by the U.S. Magistrate in a report filed Thursday comes several days after a federal judge dismissed thousands of lawsuits against the company that claimed injury by a smoke plume from an ExxonMobil refinery fire 12 years ago. The report by Ried-linger says that because there are no longer any class representatives or named plaintiffs with viable claims, the motion “is arguably moot.”
Riedlinger also wrote that because the claims of individual plaintiffs are so different with regard to exposure and types of injuries, they should not be certified into one class.
The report will be presented to a federal judge for review.
The plaintiffs who lived in neighborhoods nearby claimed property damage and physical, mental and emotional injuries.