- Each of the people in the class is asserting a similar, if not identical claim.
Through walking through these claims, the court determined that it was practical for litigation to proceed as a class. The certification was approved and the plaintiff's case was sent to lower court to be reevaluated. In terms of the injunction and the damages, the case was remanded back to the lower court to determine what actions should be taken against the facility and what types of damages the members of the community would receive. (McCastle? v. Rollins, 621)Under the authority of 28 USCS ยง 1441, the court was able to assert the injunction so that the facility would stop emitting toxic fumes into the atmosphere. |