Certification Defeated for 23 Proposed Statewide Classes

U.S. District Court, Southern District of Iowa

Shook was retained to defend DuPont against allegations that DuPont negligently failed to alert consumers to chemicals linked to health risks in Teflon® pots and pans. Consumers sought economic damages in $5-billion multidistrict litigation. 

Shook attorneys defeated class certification from 23 potential statewide classes after they argued that plaintiffs failed to meet several prerequisites to certification, including the typicality and adequacy of representation requirements, and that common issues did not predominate the class claims. Further, the plaintiffs failed to establish the presence of an objectively ascertainable class and failed to show that all the lead plaintiffs were members of the purported class. MDL No. 1733 - In re Teflon Products Liability Litigation, 254 F.R.D. 354 (S.D. Iowa 2008).