Del. Judge Denies Certification for Tenants Evicted From Apartment Complex

WILMINGTON, Del. - Former tenants of an apartment complex shut down by health authorities because of mold contamination cannot pursue class claims because they haven't shown they have common grounds for suit, a federal judge ruled April 16. Manuel v. Elsmere Park Club, et al., No. 02C-10-212, Del. Super.).

Ruling from the bench, Delaware Superior Court Judge Jan R. Jurden found, among other problems, that plaintiffs couldn't meet the commonality requirements of Delaware's class certification rules .

Ricky Manuel, Carla Kees and Catherine Kellam filed this action against Elsmere Park Club and LCL Management, the landlord defendants. Plaintiffs also named …