Toxic Class Action Targeting Pharmacia Tossed

An Alabama federal judge granted summary judgment in favor of Pharmacia Corp. in a class action seeking to force Pharmacia to pay for the cost of replacing pre-1979 fluorescent light ballasts in schools nationwide.

A decision from U.S. District Judge Lynwood Smith found that the Tuscumbia City School System failed to provide sufficient evidence and testimony to support claims against Pharmacia, a successor to certain Monsanto lines of business. Tuscumbia’s complaint alleged that the ballasts of pre-1979 fluorescent light fixtures used in Alabama schools had leaked polychlorinated biphenyls from their capacitors, which allegedly contained dielectric fluid manufactured by Monsanto. The suit sought to certify a nationwide class of school systems and to assert class-wide claims that the pre-1979 sales of the capacitor oil were negligent and wanton. The court denied class certification as moot upon granting summary judgment on the named plaintiff’s claims.

Pharmacia was successfully represented by Bradley Arant Boult Cummings LLP attorneys Michael R. Pennington and Matthew H. Lembke.

Read the full article, “Pharmacia Shakes Schools’ Toxic Light Ballasts Suit,” which first appeared in Law360 on September 2, 2015. (login required)