FESSLER v. PORCELANA CORONA DE MEXICO, S.A.

No. 20-40357 consolidated with 20-40358.

23 F.4th 408 (2022)

Mark FESSLER, on Behalf of Themselves and Those Similarly Situated; Amber Fessler, on Behalf of Themselves and Those Similarly Situated; Andrew Hocker, on Behalf of Themselves and Those Similarly Situated; Kevin Reuss, on Behalf of Themselves and Those Similarly Situated; Matthew Carreras, on Behalf of Themselves and Those Similarly Situated; Charles Handly, on Behalf of Themselves and Those Similarly Situated; Michelle Handly, on Behalf of Themselves and Those Similarly Situated; Aaron Stone, on Behalf of Themselves and Those Similarly Situated; Stacey Stone, on Behalf of Themselves and Those Similarly Situated; Daniel Sousa, on Behalf of Themselves and Those Similarly Situated; Sharon Sousa, on Behalf of Themselves and Those Similarly Situated, Plaintiffs-Appellees, v. PORCELANA CORONA DE MEXICO, S.A. DE C.V., formerly known as Sanitarios Lamosa S.A. DE C.V., Also Known as Vortens, Defendant-Appellant, Steven Cone, on Behalf of Themselves and Those Similarly Situated; Joanna Cone, on Behalf of Themselves and Those Similarly Situated; Mark Fessler, on Behalf of Themselves and Those Similarly Situated; Amber Fessler, on Behalf of Themselves and Those Similarly Situated; Andrew Hocker, on Behalf of Themselves and Those Similarly Situated; Matthew Carreras, on Behalf of Themselves and Those Similarly Situated; Aaron Stone; Stacey Stone; Daniel Sousa; Sharon Sousa, Plaintiffs-Appellees, v. Porcelana Corona De Mexico, S.A. DE C.V., Formerly Known as Sanitarios Lamosa S.A. DE C.V., Also Known as Vortens, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED January 10, 2022.


Attorney(s) appearing for the Case

Rebecca Elizabeth Bell-Stanton , Nathan Scott Carpenter , Carpenter & Schumacher, P.C., Plano, TX, Clyde Moody Siebman , Siebman, Burg, Phillips & Smith, L.L.P., Sherman, TX, for Plaintiffs-Appellees.

David M. Gunn , Robert David Daniel , Erin Hilary Huber, Esq. , Beck Redden, L.L.P., Darrell L. Barger , Hartline Barger, L.L.P., Houston, TX, Angela Skaggs Gordon, Esq. , Hartline Barger, L.L.P., Santa Fe, NM, Melissa Dorman Matthews , Hartline Barger, L.L.P., Dallas, TX, for Defendant-Appellant.

Before Jones, Clement, and Graves, Circuit Judges.


A proposed consumer class who purchased toilet tanks brought claims for injunctive relief and monetary damages against the manufacturer. The alleged Class claimed, at different times, that seven models produced over the span of nine years suffered defects. After extended litigation, the Class, as reconstituted and...

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