Rejecting Industry, 4th Circuit Backs Novel Standing Test In Monitoring Suit

The 4th Circuit is rejecting industry defendant and business groups’ petition to rehear a landmark panel ruling that plaintiffs in a class action suit seeking medical monitoring for ethylene oxide (EtO) exposures satisfied Article III injury and standing when citing past exposures. The U.S. Court of Appeals for the 4th Circuit issued a Nov. 4 order denying industry defendants’ petition for rehearing en banc in the suit Lee Ann Sommerville v. Union Carbide Corp,; Covestro LLC , simply saying...