Seventh Circuit Reverses, Allows A Class Action To Proceed

A Seventh Circuit decision last month could be a boon to plaintiff attorneys trying to establish grounds for a class action. A three judge panel vacated a district court ruling that had denied class action status to plaintiffs in IKO Roofing Shingle Products Liability Litigation. The panel said that the court had misapplied two key recent precedents,  Wal-Mart Stores, Inc. v. Dukes (2011) and Comcast Corp. v. Behrend, (2013), and that if its interpretation were correct, it would be impossible for any consumer class action to go forward. “We anticipate that plaintiffs’ counsel will argue that it spells bad news for employers faced with class claims, particularly in the Seventh Circuit, and that it further limits defendants’ ability to use disparate damages as grounds to oppose class certification,” write Seyfarth Shaw attorneys Gerald L. Maatman, Jr. and Jennifer A. Riley. But, they add, “it remains to be seen whether the Seventh Circuit’s interpretation is faithful to the Supreme Court’s intent and whether this interpretation will be applied to workplace class actions.”