Action Item: Bell provides some optimism for
defendants seeking to dismiss class action allegations
pre-discovery and certification.
Too many times a defendant is forced to foot the bill for costly
discovery and motion practice before being able to successfully
challenge class allegations. The recent decision in Bell v.
Cheswick Generating Station, et al., Civ. A. No. 12-929 (W.D.
Pa., January 28, 2015), however, provides some optimism that
defendants faced with ill-defined class action allegations may be
able to avoid the expense of class-wide discovery and briefing a
class certification opposition by filing a motion to strike class
allegations pre-discovery.
In Bell, the Plaintiffs alleged a class comprised of
individuals that live or own property within one mile of the
Cheswick Generating Station "who have suffered similar damages
to their property by the invasion of particulates, chemicals, and
gases from the Defendant's facility which thereby caused
damages
