MISSOULA — Missoula County on Tuesday agreed to stay part of a class-action lawsuit filed against Republic Services in Missoula District Court, alleging the company engaged in breach of contract and negligent misrepresentation.
Vincent Pavish, deputy Missoula County attorney, said the county and its underlying entities, as members of the class, have the option to leave the suit. However, legal officials recommended they stay engaged.
“You have an option as a member of the class, and you can opt out of the class if you want to, and pursue remedies on your own,” said Pavish. “There's lots of litigation to happen yet. We don't have separate claims we'd want to litigate ourselves, so there's really no reason for us to litigate it separately.”
LH Residential LLC and Otis Street LLC, together known as Montana Crestview, filed suit in District Court in 2022, alleging it was paying for three-yard dumpsters when the dumpsters only held 2.5 yards of material.
Members of the class include “all Republic Services customers in Missoula County who paid for 'three-yard' dumpster services,” only to find that the dumpsters "are substantially smaller than three yards.”
“The allegation is that there's harm because you're being charged for something you're not actually receiving,” said Pavish.
He added, “It has a bunch of different preliminary components to it, where parties define the class to try to determine who fits and who doesn't. You have to have a class of folks where the court can offer one remedy to all them at once.”
District Court granted Crestview's motion for class certification in November 2023. The case is still pending.
