In re Telectronics Pacing Systems, Inc.
United States District Court for the Southern District of Ohio
172 F.R.D. 271 (1997)
After Telectronics's (defendant) J-Lead pacemaker device's retention wire allegedly fractured and caused serious medical complications and deaths, Eugene and Elise Owens and others (plaintiffs) brought a nationwide products-liability class action in consolidated multidistrict litigation; after the court initially certified and then decertified a single nationwide class, Owens proposed multiple subclasses tailored to different claims — one for medical monitoring, two for negligence, four for strict liability, and three for punitive damages — to manage variations in state law.
May a putative class use subclasses to satisfy the requirements of Federal Rule of Civil Procedure 23(b)(3) if a class action is the superior method of adjudication for each claim in each subclass?