Amicus Briefs
Brown v. Saint-Gobain Performance Plastics Corp.
1st Cir. No. 24-1869
Mar. 10, 2025Brief of American Association for Justice as Amicus Curiae in Support of Appellees
Issues: (1) Whether the district court erred in construing Rules 23(b)(3) and (c)(4) to certify certain so-called “liability” issues and to leave the many individualized issues of causation, injury, and damages for individualized trials at a later phase.
(2) Whether the district court’s finding that an issue class on “liability” elements satisfies commonality, predominance, and superiority was an abuse of discretion, including a violation of the Seventh Amendment, given the array of individualized, intertwined inquiries into causation, injury, damages, and Article III standing.
(3) Whether the district court’s order violated Rule 23(c)(1)(B) by omitting a discernible and complete list of the claims, issues, or defenses certified.
(4) Whether the district court erred by sua sponte certifying a “liability issues” class under Rule 23(c)(4) when Plaintiffs sought, and the briefing and argument below addressed, certification of a Rule 23(b)(3) property damage class as to all claims and issues, including damages.
Full Citation: Brief for American Association for Justice as Amicus Curiae Supporting Plaintiffs-Appellees, Brown v. Saint-Gobain Performance Plastics Corp., No. 24-1869 (1st Cir. Mar. 10, 2025).
