In re: Zurn Pex Plumbing Products Liability Litigation, No. 10-2267 (8th Cir. 2011)
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Minnesota homeowners brought this action against Zurn Pex, Inc. and Zurn Industries, Inc. (Zurn), alleging that brass fittings used in the company's cross linked polyethylene (PEX) plumbing systems was inherently defective. Zurn appealed the order issued by the district court certifying the warranty and negligence classes. The court held that the district court did not err by conducted a focused Daubert analysis which scrutinized the reliability of the expert testimony in light of the criteria for class certification and the current state of the evidence. In doing so, the district court conducted the requisite "rigorous analysis" of the parties' claims to determine "whether the defendant's liability to all plaintiffs may be established with common evidence." After thoroughly reviewing the record made in the district court in light of the controlling law, the court held that the district court did not commit legal error or abuse its discretion and its class certification was affirmed.
Court Description: Civil case - Products liability. Class certification order affirmed; district court applied the proper legal standard in rejecting Zurn's motion to strike plaintiffs' expert opinion evidence. Judge Gruender, dissenting.
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