ZurnPex, Inc., and Zurn Industries, Inc. (Zurn), manufactures and markets a home plumbing system that uses Pex tubing, an alternative to traditional copper water pipes. Pex tubing systems are marketed as easier to install, cheaper, and longer lasting than copper plumbing systems. The ZurnPex systems have been installed in homes throughout the United States. Zurn has sold its Pex systems with a 25 year limited warranty. Pex tubes are joined together using a brass fitting and crimp. Many home owners have alleged that the brass fittings used in these systems have leaked because of their susceptibility to corrosion. The corrosion increases over time and has caused costly water damage to homes. Zurn argues that corrosion is not an inherent defect in its product but that it is instead caused by a variety of factors, including improper installation and overly corrosive water. Home owners in Minnesota who have installed Zurn’s Pex systems, including those who have had leaks and those who have not yet experienced such leaks, seek to bring a class action against Zurn to enforce its warranties and to have the Pex systems repaired or replaced according to the warranty. The class is defined as “All persons and entities that own a structure located within the State of Minnesota that contains a Zurn Pex plumbing system with Zurn brass crimp fittings.” Zurn argues that the class should not be certified. Should the class be certified? In re Zurn Pex Plumbing Products Liability Litigation, 644 F. 3d 604, 2011 U. S. App. Lexis 13663 (United States Court of Appeals for the Eighth Circuit, 2011)
Answer to relevant QuestionsBad Boy Enterprises LLC (BBE) designs and manufactures the Bad Boy Classic vehicle, an electric four wheel drive vehicle that is built on a golf cart chassis. The buggy is designed primarily for off road use and is marketed ...McCreary County and Pulaski County (the counties), Kentucky, placed in their courthouses a large, gold framed copy of the Ten Commandments. In both courthouses, the Ten Commandments were prominently displayed so that ...Three teenagers, Sarah Mitchell, Adam Jacobs, and David Messer, were driving in Mitchell’s car at 2:30 a.m. in Indianapolis, Indiana. Mitchell was driving the car, Jacobs was in the front passenger seat, and Messer was in ...Western Manufacturing, Incorporated, manufactures a mobile pump for the commercial application of stucco to buildings. The pump consists of a diesel engine, a mixer for the stucco, a batch hopper, a pumping mechanism, and a ...James W. Newton Jr. is an accomplished avant garde jazz composer and flutist. Newton wrote a composition for the song “Choir,” a piece for flute and voice that incorporated elements of African American gospel music. ...
Post your question