Court Upholds Rejection of Proposed Class Action Over Allegedly Defective Shingles
A federal judge has denied class certification to a nationwide group of plaintiffs who claimed that a company's shingles were so unreliable that using them were like "playing roulette."
March 19, 2018 at 01:35 PM
4 minute read
The original version of this story was published on The Legal Intelligencer
Photo: Arenacreative/iStockphoto.com
A federal judge has denied class certification to a nationwide group of plaintiffs who claimed that a company's shingles were so unreliable that using them were like “playing roulette.”
On Monday, the U.S. Court of Appeals for the Third Circuit determined that a proposed class of consumers from Pennsylvania, Texas, California and Illinois, who bought Owens Corning shingles, failed to identify a defect that was common to each plaintiff's case. The precedential ruling affirmed a decision from the U.S. District Court for the Western District of Pennsylvania, which had said plaintiffs' theories were too broad to show that the class would be sufficiently cohesive under the predominance requirement for class certification.
Although the plaintiffs had argued that the proposed class had uniformity because buying Owens Corning's Oakridge shingles was essentially entering a “shingle lottery,” Third Circuit Judge Thomas Hardiman said that argument failed to give enough specifics to warrant class certification.
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