FORT SMITH, Ark. (Legal Newsline) – A federal judge ruled on Wednesday that a proposed class will not get certification in a class action lawsuit against Whirlpool for alleged failure to clean up toxic chemicals at its refrigerator manufacturing facility that harmed surrounding property values.

District Judge P.K. Holmes III said that the plaintiffs, Scott Day and Glenda V. Wilson, failed to affirmatively demonstrate that the Rule 23(a) requirements are met and no further analysis of the issues raised by the motion are required, according to the Dec. 3 order filed in the U.S. District Court for the Western District of Arkansas.

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