Third Circuit Rejects ‘Shingle Lottery' Theory Of Common Defect In Putative Homeowner Class

The Third Circuit Court of Appeals recently affirmed a district court order denying certification to a group of homeowners in four states who alleged roof shingle manufacturer Owens Corning sold defective roof shingles and misrepresented their expected useful life. Specifically, plaintiffs alleged claims for breach of express warranty, breach of implied warranty of merchantability, and violation of various state consumer protection statutes because the shingles installed on their homes were plagued by several design flaws that resulted in cracking, curling, and degranulation during the warranty period.

The district court initially denied certification because plaintiffs had not met their burden under Rule 23(b)(3) to show that questions of law or fact common to class members predominated over individual questions. The Third Circuit agreed and focused its analysis on the nature of the alleged defective design because whether the design "is susceptible to class-wide