Sunday, June 9, 2013
class actions (consolidated in an MDL in Minnesota) are notable for the whimsical names of their subclasses, the Soggy
Plaintiffs and the Cloggy Plaintiffs.
The Eighth Circuit upheld the settlement of several class actions
alleging damage caused by defective brass
plumbing fittings sold by defendants Radiant and Uponor. The Soggy Plaintiffs have already experienced
leaking (in some cases causing severe damage) and the Cloggy Plaintiffs have
not yet experienced leaks but have the same fittings.
"The proposed settlement agreement stipulated that after two leaks, soggy plaintiffs would be entitled to have their entire plumbing system replaced at Uponor and Radiant's expense. Cloggy plaintiffs who had demonstrated 'by way of a flow test that a differential in water flow . . . of more than 50% [exists] between the hot and cold lines' would also be entitled to replacement of their brass fittings, and if that proved insufficient, to a new plumbing system."
After notice of the proposed settlement had been sent, Ortega, a California resident, moved to intervene as of right. His motion was denied as untimely. He and 26 other class members then objected to the settlement, arguing that notice had been deficient, that the scope of the release of defendants was overbroad, and that the settlement did not account for a cause of action available under California law. All of these arguments were rejected and the district court's approval of the settlement was upheld. In re Uponor, Inc., F1807 Plumbing Fittings Products Liability Litigation, No. 12-2761 (8th Cir. June 7, 2013).