Church v. General Electric Co.

MEMORANDUM REGARDING DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS’ RENEWED MOTION FOR CLASS CERTIFICATION

PONSOR, District Judge.

(Docket Nos. 164 and 159)

I. INTRODUCTION

In this diversity action, plaintiffs seek damages and injunctive relief against General Electric Company (“GE”) for the contamination of their lands with poly-chlorinated biphenyls (“PCBs”), a probable human carcinogen. The named plaintiffs own properties in Pittsfield and Lenox, Massachusetts that lie within the floodplain of the Housatonic River. They allege that for many years General Electric dumped waste…