Eighth Circuit Keeps Two Product Liability Class Actions Off The Road

The United States Court of Appeals for the Eighth Circuit published two opinions last month in companion class actions alleging defects with off-road vehicles. With its decisions, the court held that purchaser plaintiffs must allege more than an increased risk of experiencing a defect-related injury in the future. Rather, plaintiffs must allege that a defect has manifested itself in the products they purchased. The Eighth Circuit also upheld a district court's exercise of discretion in declining to certify classes based on the need for class-member specific inquiries and other practical case manageability concerns.   

No Manifest Defect Means No Standing for Purchasers

First, the court addressed the Article III standing of purchaser plaintiffs alleging a product defect with its decision In re Polaris Marketing, Sales Practices, and Products Liability Litigation, No. 20-2518, 2021 WL 3612758 (8th Cir. Aug. 16, 2021). The plaintiffs alleged that a design defect in