Chemical Release at Bogalusa, No. 73,341, D Div. C v. Gaylord Chemical Corp.

Supreme Court of Louisiana
Chemical Release at Bogalusa, No. 73,341, D Div. C v. Gaylord Chemical Corp., 699 So. 2d 77 (La. 1997)
1997 La. LEXIS 2521; 1997 WL 563219
Deny, Johnson, Lemmon, Writ

Chemical Release at Bogalusa, No. 73,341, D Div. C v. Gaylord Chemical Corp.

Opinion of the Court

In re Plaintiffs’ Liaison Comm.; — Plaintiffs); applying for supervisory and/or remedial writs; to the Court of Appeal, First Circuit, No. CW97 1726; Parish of Washington, 22nd Judicial District Court, Div. “C”, No. 73,341.

Granted. Judgment of the court of appeal is vacated and set aside. The order of the trial court was in accordance with previous direction of the court of appeal to place evidence in the record on the adequacy of class representation. See Cotton v. Gaylord Container, 96-1958 (La.App. 1st Cir. 3/27/97), 691 So.2d 760, writs denied, 97-0800, 0830 (La. 4/8/97), 693 So.2d 147. Any issues relating to the relevance or prejudicial effect of specific information may be resolved by the trial court during the hearing. La.Code Evid. arts. 402 and 403. Accordingly, the judgment of the trial court is reinstated, and the case is remanded to the trial court for further proceedings.

JOHNSON, J., would deny the writ. LEMMON, J. not on panel.

Reference

Full Case Name
In re CHEMICAL RELEASE AT BOGALUSA, NO. 73,341, D DIV. C, all cases v. GAYLORD CHEMICAL CORPORATION
Status
Published