In re Teflon Products Liability Litigation
United States District Court for the Southern District of Iowa
254 F.R.D. 354 (2008)
Consumers (plaintiffs) sued DuPont (defendant) claiming its Teflon nonstick coating was falsely represented as safe, proposing three subclasses covering branded purchasers with documentation, off-brand purchasers, and everyone else; discovery revealed almost no proposed class members, including the class representatives, had documentation or memory of when or where they bought the products, and it was often impossible to visually confirm whether a product even used Teflon.
(1) Must a class-action lawsuit meet the numerosity, commonality, typicality, and adequacy-of-representation requirements of Rule 23(a) to be certified? (2) In addition to meeting Rule 23(a), must a party seeking class certification satisfy at least one condition under Rule 23(b)?