Noting that a reasonable concern of injury does not satisfy the need to plead an actual or imminent injury, the Tenth Circuit affirmed a lower court dismissal of a class action suit against an industrial defendant. The ruling was with prejudice, too.
As any practitioner knows, causation must be alleged in order to support a cause of action. This seems to be something that the plaintiffs’ lawyer forgot in this case.
Although the details of the case are complex, the suit arises out of plaintiff’s incomplete complaint against defendants relating to improper disposal coal waste and wastewater produced in oil and gas drilling.
“Wrote Memorization”
The circuit affirmed the lower court’s decision which seemed proper given that the lower court gave leave for the plaintiffs to amend their complaints at least twice. Under applicable Oklahoma law, a “reasonable concern” of possible future injuries is insufficient as a basis for stating a claim.
Related Resources:
- Gov’t Asking About Past Sex Crimes Is Unconstitutional, 10th Cir. Rules (FindLaw’s U.S. Tenth Circuit Blog)
- 10th Cir. Brushes off Kansas Religious Education Case (FindLaw’s U.S. Tenth Circuit Blog)
- Digital Publisher Isn’t Liable for Freelancers With No Oversight (FindLaw’s U.S. Tenth Circuit Blog)
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