First Circuit Denies Review in Building Products Case

On October 2, 2015, we posted about the District of Massachusetts’ denial of class certification in a case in which we represent a building products company that sold allegedly defective decking.  We’re pleased to report that yesterday the First Circuit denied Plaintiffs’ petition for review of the class certification denial under Rule 23(f).  The court concluded that Plaintiffs had “failed to demonstrate that the district court’s Rule 23 analysis was sufficiently ‘questionable,'” one of the requirements for interlocutory review of class certification orders under the First Circuit’s decision in Waste Mgmt. Holdings, Inc. v. Mowbray.