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WILSON v. BRUSH WELLMAN, INC.

No. 2003-0048.

103 Ohio St.3d 538 (2004)

2004-Ohio-5847

WILSON ET AL., APPELLEES, v. BRUSH WELLMAN, INC., APPELLANT.

Supreme Court of Ohio.

Decided November 17, 2004.

Attorney(s) appearing for the Case

Waite, Schneider, Bayless & Chesley Co., L.P.A., Stanley M. Chesley and Louise M. Roselle; Lipton Law Offices and Andrew S. Lipton; Mohler Law Office and George Gerken, for appellees.

Jones Day, Jeffery D. Ubersax and Robert S. Faxon, for appellant.

Legal Consulting Services, Inc., and Elisa P. Pizzino; Washington Legal Foundation, Daniel J. Popeo and Richard A. Samp, urging reversal on behalf of amicus curiae Washington Legal Foundation.

O'Melveny & Myers, L.L.P., John H. Beisner and Jonathan D. Hacker, urging reversal for amicus curiae Product Liability Advisory Council, Inc.

Bricker & Eckler, L.L.P., Kurtis A. Tunnell and Anne Marie Sferra, urging reversal for amicus curiae Ohio Manufacturers' Association.

O'CONNOR, J.

{¶ 1} We are asked to consider whether class certification under Civ.R. 23(B)(2) is proper in an action seeking to establish a medical-monitoring fund. Although under the proper circumstances court-ordered medical monitoring may be classified as injunctive relief, we hold that plaintiffs in this action fail to meet the cohesiveness requirement of the rule.

I. Facts and Procedural History

{¶ 2} Appellees-plaintiffs...

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