Delaney v. Borden, Inc.

MEMORANDUM—ORDER

TROUTMAN, District Judge.

In moving for class certification the burden rests upon plaintiffs to overcome the numerous decisions which hold that certification is rarely appropriate in mass tort actions, “especially” those involving misconduct by one or more defendants over an extended period of time. See, e.g., Abed v. A.H. Robins Co., 693 F.2d 847, 852 (9th Cir.1982), cert. denied,-U.S.-, 103 S.Ct. 817, 73 L.Ed.2d 1015 (1983). We do not, however, base our conclusion upon any numerical preponderance among the decided cases which appears to favor defendant. Rather,'our decision…