People of Weloy ex rel. Pong v. M/V CEC Ace

The defendant vessel grounded on the reef. The plaintiffs named 3 chiefs to maintain the action as a class action and alleged 6 causes action: maritime negligence, infliction of emotional distress, unseaworthiness of the vessel, trespass, nuisance (public and private) and punitive damages. There were 2 classes of plaintiffs- all residents of the affected community and those who owned the natural resources by tradition. The plaintiffs filed a motion for Class Certification. Only the class of plaintiffs who had traditional rights to the resources were considered for certification because they were the only class that was represented by a named plaintiff of that class. The court found the requisite commonality to the class where the common questions as to liability predominated over individual questions. The court did not include the emotional distress claim because the complaint did not allege that the class as a whole suffered a common physical injury. The certification was conditional upon the court receiving more information of the potential number of affected residents to confirm the numerosity requirement; and the court also required further evidence that the named plaintiffs were adequate class representatives especially in light of the fact that only one class of plaintiffs was considered for certification.