The Complications Of Certifying A Class In An MDL Proceeding

A recent federal court decision from Missouri in litigation involving Bisphenol-A ("BPA") reads like a law school "issue-spotter" exam on class certification. In denying motions to certify various classes in multidistrict litigation, the court's comprehensive opinion is instructive as to many of the key issues posed by Rule 23—as well as the often problematic nature of class certification in the MDL context.

In In re Bisphenol-A (BPA) Polycarbonate Plastic Products Liability Litigation, the court addressed certification motions that would affect 24 cases consolidated in the Western District of Missouri. The cases involve the six defendants' use of BPA in baby bottles and sippy cups. The court rejected the plaintiffs' alternative proposals to certify separate statewide classes against each defendant and to certify three multi-state classes.