Koch v. Hicks
This Opinion and Order addresses a motion for class certification within a Multi-District Litigation concerning groundwater contamination by methyl tertiary butyl ether (MTBE) from a gasoline station. Plaintiffs sought to certify two subclasses: a Homeowner Subclass and a Medical Monitoring Subclass, bringing claims under Maryland law for public and private nuisance, trespass, negligence, and strict liability. The court granted certification for the Homeowner Subclass, finding it satisfied all requirements of Rule 23 of the Federal Rules of Civil Procedure, including numerosity, commonality, typicality, and adequacy, and was maintainable under Rule 23(b)(1). However, the motion for certification of the Medical Monitoring Subclass was denied, with the court concluding that medical monitoring constitutes a form of damages under Maryland law rather than a distinct cause of action. The court also clarified that, in the context of class certification within MDL, the law of the transferor circuit (Fourth Circuit) applies over the transferee circuit (Second Circuit), following the Supreme Court's decision in Lexecon v. Milberg Weiss Bershad Hynes & Lerach.