June 13, 2023. Judge Philip Ignelzi of the Allegheny County Court of Common Pleas rejected US Steel’s June 8, 2023 motion to amend its May 12 Class Certification Order. His June 13, 2023 Order denied Defendant’s motion to certify the Class Certification Order for interlocutory appeal and to “stay the proceedings” (stop further legal process). This would put the case on hold while the Defendant applied for permission to appeal before the Superior Court of Pennsylvania.
Defendant ‘s motion claimed that if the case moved forward it would cause significant work to prepare liability and damages determinations for more than 50,000 properties and 123,000 class members. It also asserted that class members’ varied experiences caused by the pollution made the case impossible to proceed as a class action.
This case, Hernandez v. U.S. Steel, was initiated by Mon Valley neighbors in connection with a December 2018 fire at U.S. Steel’s Clairton Coke Works that knocked out pollution controls, causing sulfur to infiltrate coke gas emissions for several months. As a result, air pollution spiked in the Mon Valley and surrounding areas, creating a constant offensive odor, and a variety of health complaints.
Plaintiffs’ counsel plans to continue to move forward with this litigation.
Posted by James M. Pietz.