After eight years of litigation in the federal courts, the U.S. Court of Appeals for the Third Circuit held that litigation against Owens Corning over roofing shingles cannot proceed as a class action. Sidley has successfully defended Owens Corning against a putative class action brought by consumers who alleged that the company sold defective roof shingles and misrepresented the shingles’ expected useful life. Plaintiffs’ motions to exclude Owens Corning’s experts were denied, while Owens Corning’s motion to exclude plaintiffs’ sole expert was granted in large part. Plaintiffs sought certification of a class of shingle purchasers. On March 31, 2016, in a 185-page decision, the U.S. District Court for the Western District of Pennsylvania denied plaintiffs’ motion for class certification in full, siding with Owens Corning on each of plaintiffs’ arguments under Rule 23. On March 19, 2018, the Third Circuit affirmed the decision denying class certification.
Carter Phillips (Washington, D.C./Chicago) argued the appeal. The Sidley appellate team (all in Chicago) also included Kara McCall, Bob Scarborough, Tacy Flint, Beth Chiarello and Dan Spira along with Caroline Schiff and Sean Siekkinen, both of whom are now alumni.