Manufacturing & Products Class Action Articles

The latest class action developments and trends in the manfucturing and products industry, including news, key cases, and strategies.

Parens Patriae Action By State Attorney General Is Not Removable Under CAFA’s Class Action Provision

by Clifton R. Gruhn

A federal district court in Hawaii held that a parens patriae action brought on behalf of the State of Hawaii by its Attorney General was not removable under the Class Action Fairness Act (“CAFA”) because it was not a class action, and, even if it were, the presence of the State as a party precluded a finding that CAFA’s minimal diversity requirement had been met. In Hawaii v. Bristol-Myers Squibb Co., Hawaii’s Attorney General claimed that pharmaceutical companies ... Keep Reading »

District Court Decertifies Class based on Dukes, Comcast and Tenth Circuit Precedent

by Dean A. Morande and Gary M. Pappas

Plaintiff sued for underpayment or nonpayment of royalties on natural gas produced from wells in Kansas due to defendant’s failure to place the gas in marketable condition. The district court initially certified the class in 2011. Defendant moved to decertify the class in 2013 based on the United States Supreme Court opinions in Dukes and Comcast together with two recent Tenth Circuit opinions vacating class certification orders in similar oil and gas royalty cases: ... Keep Reading »

Certification Denied for Purchasers of Product Awash with Design Differences

by Amanda Romfh Jesteadt and Gary M. Pappas

The Central District of California denied Plaintiff’s motion to certify a class of purchasers of Defendant’s washing machines that contain an air hose connected to an air dome. Plaintiff alleged the connection between the hose and dome was defective and could come loose under normal operation. As a result, the washer would overflow and cause substantial property damage or personal injury. The court found Plaintiff failed to meet his burden of showing that the ... Keep Reading »

7th Circuit Vacates Decision Declining To Certify Consumer Class Against Roofing Shingle Manufacturer Based On Incorrect Reading Of Comcast And Dukes

by Amy Lane Hurwitz and Jaret J. Fuente

The Seventh Circuit Court of Appeals vacated a decision declining to certify a consumer class against IKO Manufacturing, in which the district court wrote that “commonality of damages” is essential, reasoning that the district court had incorrectly read Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), and Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), to require proof “that the plaintiffs will experience common damage and that their claimed damages are not ... Keep Reading »

Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice

by D. Matthew Allen and Jaret J. Fuente

Florida’s Third District Court of Appeal reversed an order certifying a class of Porsche vehicle owners who had their high intensity discharge headlights stolen during the class period. The plaintiffs alleged that the defendant acted unfairly by distributing a product highly susceptible to theft without taking remedial steps such as notifying owners of the potential risk, in violation of Florida’s Deceptive and Unfair Trade Practices Act “(FDUTPA”). The trial court ... Keep Reading »

Preemptive Strike Terminates Nationwide Product Defect Class In Louisiana

by Amy Lane Hurwitz and Gary M. Pappas

A Louisiana District Court struck plaintiff’s class allegations in a putative nationwide class of Mercedes vehicle owners finding plaintiff failed to meet his burden of proving predominance, superiority and manageability. Plaintiff alleged that that Mercedes concealed defects in the GL model suspension system that caused the vehicles to lean and be undriveable. Plaintiff’s complaint asserted various common law product liability, warranty and fraud theories as well as ... Keep Reading »

Federal Court Addresses American Pipe Tolling, Finding Statute of Limitations on Class Claims Accrued Upon Forum Non Conveniens Dismissal of Prior Putative Class Action

by Oleg Rivkin

A Delaware federal district court granted defendants’ motion to dismiss plaintiffs’ claims on statute of limitations grounds, rejecting plaintiffs’ argument that the claims had been tolled under the principles of cross-jurisdictional tolling. The case involves claims of injuries allegedly caused by the use of dibromochloropropane (DBCP”) on plantations in several Latin American countries. A first putative DBCP class action was filed in Texas state court in 1993, was ... Keep Reading »

Putative Maybelline Makeup Class Fades In California District Court

by Dean A. Morande and Gary M. Pappas

The District Court for the Southern District of California denied certification in a California consumer class action in which Plaintiffs’ claimed that Maybelline falsely labeled and advertised its “SuperStay 24HR” makeup as having 24 hours of staying power. The Court found several deficiencies in the proposed class of Maybelline makeup purchasers under Rules 23(a), (b)(2) and (b)(3). First, the court found that the proposed class was overbroad because it included ... Keep Reading »

Eighth Circuit Affirms Pre-Certification, Pre-Merits Discovery Summary Judgment

by Jaret J. Fuente

The Eighth Circuit affirmed a pre-certification summary judgment in favor of Bridgestone Retail Operations in a putative class action where the Plaintiff alleged that in connection with vehicle repairs Bridgestone had violated the Missouri Merchandising Practices Act (MMPA) by charging a disguised “shop supply” fee that it used for profit instead of supplies. The parties submitted a joint scheduling report that provided for discovery related to class certification ... Keep Reading »

Monitor what? Another medical monitoring development in the Spray Polyurethane Foam Insulation Products Liability Litigation