In re Zurn Pex Plumbing Products Liability Litigation
United States District Court for the District of Minnesota
267 F.R.D. 549 (1975)
Zurn Pex, Inc. (Zurn) (defendant) designed plumbing systems using brass fittings prone to corrosion and premature failure. Denise and Terry Cox (plaintiffs), whose home was damaged by a leaking Zurn pex system, sued for violations of Minnesota consumer-protection law, negligence, and breach of warranty; related lawsuits nationwide were consolidated before this court, and the plaintiffs sought class certification. Their expert witnesses included Dr. Blischke, who analyzed warranty-claims data, and Dr. Staehle, who tested the brass fittings; Zurn challenged both experts' testimony as unreliable.
Whether, in seeking class certification under Rule 23(b)(3), the plaintiffs must show the elements of their claims can be proven on a class-wide basis.