Interesting article on product liability and class actions: The Seventh Circuit marginalizes Comcast and rules that “common damage” is not required for class certification in products cases. In IKO Roofing Shingle Products Liability Litigation-the district court found that the inevitable differences in consumers’ experiences with IKO’s tiles prevented class certification. However, The US Court of Appeals for the Seventh Circuit vacated the district court’s decision denying class certification. Instead, the Seventh Circuit held that these decisions merely require plaintiffs to match their theory of loss to their theory of liability – a fact that is “equally true in a suit with just one plaintiff.” The Seventh Circuit specifically held that a plaintiff need not demonstrate “commonality of damages” to obtain class certification under Rule 23(b)(3). It remains to be seen whether the Seventh Circuit’s interpretation is faithful to the Supreme Court’s intent, and whether this interpretation will be applied to workplace class actions. ( IKO Roofing Shingle Products Liability Litigation, No. 14-1532 (7th Cir. July 2, 2014))
Posted on: Wed, 16 Jul 2014 02:38:15 +0000
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