Thursday, April 8, 2021
Communications with a party represented by another lawyer absent consent (sometimes called “blitzes”) are permitted in putative class actions, a federal court has ruled in a case brought under the Class Action Fairness Act and Pennsylvania law.
The court’s decision affords defense counsel the opportunity to interview and obtain signed declarations from putative class members. The court clarifies the federal approach while firmly distinguishing the view of Pennsylvania state law.
Background
Holly Lloyd brought a putative class action against Covanta Plymouth Renewable Energy, a waste-to-energy processing facility. Lloyd alleged the Covanta-operated facility emitted noxious odors that interfere with the use and enjoyment of her property and that of other area residents.