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WATTERS v. DEPARTMENT OF SOCIAL SERVICES

No. 2005-CA-0324 to 2005-CA-0326.

929 So.2d 267 (2006)

Sherry WATTERS, Frances M. Breyne, Gina Recasner, Gretchen Wiltz and Wendy Lemieux Individually and on Behalf of Others Similarly Situated v. DEPARTMENT OF SOCIAL SERVICES, Department of Health and Hospitals, Division of Administration, BG Real Estate Services, Inc., Baha Towers Limited Partnership, et al. Kristen M. Rhodes, Donalisa Augustus-Jones, and Gerald J. Washington, Sr. v. BG Real Estate Services, Inc., Baha Towers Limited Partnership, Bahar Development, Inc., Noob I GP, LLC, Noob I, LP, Monticello Insurance Company, and Evanston Insurance Company. Mary Johnson, Sharon Cheneau, Bernard Singleton, Valerie Eddington, Marion Van Buren, Mary Williams, Carolyn Reeves-Davis, Richard Eddington, Clara Reeves, et al. v. Department of Social Services, Division of Administration, BG Real Estate Services, Inc., Baha Towers Limited Partnership, Bahar Development, Inc., Noob I GP, LLC, Noob I LP, Monticello Insurance Company, Evanston Insurance Company, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Granting Rehearing May 22, 2006.

Attorney(s) appearing for the Case

Mickey P. Landry, Frank J. Swarr, Landry & Swarr, L.L.C., New Orleans, Robert G. Creely, The Creely Law Firm, L.L.C., Gretna, Craig Mitchell, Mitchell and Associates, New Orleans, Madro Bandaries, Madro Bandaries, P.L.C., Gretna, Counsel for Plaintiffs/Appellees.

Neil C. Abramson, Benjamin Ward, Phelps Dunbar LLP, New Orleans, Counsel for Specialty National Insurance Company.

Charles C. Foti, Jr., Attorney General, James J. Bolner, Jr., Special Assistant Attorney General, Berrigan Litchfield Schonekas Mann, Traina & Bolner, LLC, New Orleans, Counsel for State of Louisiana.

(Court composed of Judge TERRI F. LOVE, Judge MAX N. TOBIAS, Jr., Judge LEON A. CANNIZZARO, Jr.)

TERRI F. LOVE, Judge.

This appeal arises from the trial court's judgment granting plaintiffs' Motions for Certification as Class Actions in two consolidated cases. We affirm the trial court's class action certification. We remand for the trial court to determine whether there was a causal connection between the exposure to the toxic substance and injury sustained in the defining of the classes.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

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