Featured Cases

Becherer, et al. v. Qwest, et al. (St. Clair County, Illinois)

The plaintiffs here, like those in the Poor v. Sprint matter, are owners of land traversed by railroad rights-of-way. Like Sprint, Qwest built a nationwide fiber optic network utilizing railroad rights-of-way without obtaining the permission of the landowners. The Becherer plaintiffs allege Qwest’s conduct constitutes a trespass, and they requested certification of a class of landowners in eight Midwestern states (Nebraska, Minnesota, Iowa, Wisconsin, Illinois, Michigan, Ohio, and Kentucky). On January 30, 2003 state court Judge Michael O’Malley issued a one-page order certifying the class, and on February 14 Judge O’Malley issued an extensive order explaining his reasoning and appointing plaintiffs as class representatives and Zelle Hofmann and their co-counsel as class counsel.

Qwest, like Sprint, argued that class certification should be denied because the Court would be overwhelmed by thousands of intractable individual issues. Judge O’Malley also rejected that argument, finding that common issues of law and fact are predominant. Judge O’Malley also agreed with Judge Kardis that the only real method of addressing the landowners’ injuries is through a class action:

The Court concludes that a denial of class certification in favor of individual suits would result in an inferior method of resolution of these claims. It is obvious that the monetary value of most, if not all, of the claims against Qwest prohibits the individual class members from going forward independently. As a result, this alternative is no alternative at all. . . . The Court finds that the most fair and efficient method of resolving the claims of the class members in the eight states at issue is a single class action.

To review the court's opinion, click here.

© 2008 Zelle Hofmann/ Not Certified by the Texas Board of Legal Specialization
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