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SPITZFADEN v. DOW CORNING CORP.

No. 98-CA-1612.

833 So.2d 512 (2002)

Marilyn SPITZFADEN, et al. v. DOW CORNING CORPORATION, Dow Corning Wright, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 15, 2003.

Attorney(s) appearing for the Case

Richard L. Root, Betsy J. Barnes, Barnes & Root, L.L.C., New Orleans, LA, for Plaintiff/Appellee.

Charles M. Steen, Stephanie G. McShane, Steen, McShane & Williamson, L.L.C., New Orleans, LA, and John W. Donley, Kirkland & Ellis, Chicago, IL, and H. Alston Johnson, III, Phelps Dunbar, L.L.P., Rouge, LA, for Defendant/Appellant.

(Court composed of Judge JAMES F. McKAY III, Judge DENNIS R. BAGNERIS, SR., and Judge MICHAEL E. KIRBY.).

DENNIS R. BAGNERIS, SR., Judge.

Defendant Dow Chemical appeals the trial court's judgment, which found that, notwithstanding the decertification of the class, the Phase I verdict was binding on all absent former class members and the eight individual plaintiffs.

FACTS AND PROCEDURAL HISTORY

On February 12, 1992, Mary Spitzfaden filed suit individually and as the putative representative of a class...

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