Class Action Cut From Suit Against Rocketdyne

A federal judge has dismissed the class-action portion of a lawsuit brought by neighbors of four Rocketdyne facilities in Simi Valley and the San Fernando Valley, saying the claims were not similar enough to warrant the designation.

The suit claims that harmful chemicals and radionuclides seeped out of the rocket testing and research facilities, which include the Santa Susana Field Laboratory, contaminating the surrounding area and causing cancer and other serious illnesses.

There are half a dozen Rocketdyne cases still outstanding and involving about 300 plaintiffs, attorneys said.

Monday’s decision by U.S. District Judge Audrey B. Collins dismissed the part of the lawsuit that potentially involved 200,000 or more unnamed individuals, but her ruling does not preclude any of those people from suing.

In March, Collins threw out 60 of the cases because of statute of limitation issues, and at the time hinted that she would consider decertifying the class-action suit.

Attorneys for Boeing, Rocketdyne’s parent company, said Tuesday that they plan to move immediately toward getting the pending cases dismissed.

“We are anxious to get these cases behind us,” said Boeing attorney Gary M. Black. “We’re very pleased with the decision [and] we hope this will help us resolve these cases more quickly.”

Attorneys for the plaintiffs could not be reached Tuesday.

Dan Hirsch, president of the Committee to Bridge the Gap--a nuclear watchdog group that has followed the Santa Susana facility for 20 years but is not involved in the lawsuits--said it seems ludicrous that Boeing continues to gain legal victories because Rocketdyne neighbors didn’t file their cases sooner.

“Does it come down to whether people were hurt and should be compensated or does it come down to some legal loophole?” Hirsch said.

Black said a conference with Judge Collins has been scheduled for Aug. 7, when the company will propose a strategy on how to proceed.

The conference will most likely involve motions to dismiss additional cases based on the statute of limitation, as well as summary judgment motions derived from Boeing’s arguments that the cases lack evidence, Black said.