In re Wagner Spray Tech Corporation Products Liability Litigation

Background

Beginning in March 2026, multiple class action lawsuits were filed in or transferred to the U.S. District Court for the District of Minnesota against Wagner Spray Tech Corporation ("Wagner"), each asserting statutory and common law claims arising from an allegedly defective Wagner product that was recalled. The four related actions — Graziano, Santana, Cooper, and Ali — collectively involved claims under the laws of at least four states: New York, Minnesota, California, and Illinois. The Court consolidated these actions on May 27, 2026.

Plaintiffs then moved for appointment of interim class counsel under Federal Rule of Civil Procedure 23(g)(3), which allows a court to designate interim counsel to act on behalf of a putative class (a proposed group of similarly situated plaintiffs) before the court formally decides whether to certify the case as a class action. Wagner did not oppose the motion.

Proposed Interim Class Counsel Structure

Plaintiffs proposed a two-tier structure:

1. Interim Co-Lead Class Counsel: Robert K. Shelquist of Cuneo Gilbert Flannery & LaDuca LLP and Melissa S. Weiner of Pearson Warshaw, LLP. 2. Executive Committee (additional Interim Class Counsel): Tyler B. Ewigleben of Jennings & Earley PLLC; Ben Travis of Ben Travis Law, APC; Leslie Pescia of Siri & Glimstad LLP; and Michael N. Pollack of Levi & Korsinsky, LLP.

Legal Standards

The court applied Rule 23(g)(1)(A) of the Federal Rules of Civil Procedure, which directs courts to consider four factors when appointing class counsel: (1) the work done to identify or investigate potential claims; (2) experience in handling class actions and complex litigation; (3) knowledge of the applicable law; and (4) available resources. The court also noted that co-lead counsel structures, while not explicitly addressed by Rule 23(g), are common in complex cases involving many potential class members.

For executive committees, the court cited the Manual for Complex Litigation, which indicates such committees are most appropriate when group members' interests and positions differ meaningfully, and cautioned that they can increase costs if not managed carefully. The overriding concern is achieving efficiency and economy without jeopardizing fairness.

Analysis and Ruling

Interim Co-Lead Class Counsel

The court found appointment of co-lead interim counsel appropriate given the complexity of the consolidated litigation. It determined that the proposed co-lead counsel had diligently investigated the underlying claims, possessed extensive experience with consumer and product liability class actions, and had the resources to litigate the case effectively. The court specifically noted its confidence in Shelquist's and Weiner's particular experience in this area. Accordingly, the motion to appoint Shelquist and Weiner as Interim Co-Lead Class Counsel was granted.

Executive Committee

The court acknowledged that while the plaintiffs' interests and positions were not argued to be dissimilar, the related actions involved overlapping but not identical claims under the laws of at least four states. The court found this justified having an executive committee to provide representation in decision-making on differences in substantive law across jurisdictions. The proposed executive committee members represented that they had extensive prior experience working with one another and had already discussed how to organize their efforts to avoid unnecessary and duplicative billing, though they acknowledged they had not yet made formal agreements on funding, cost-sharing, or fee arrangements.

The court "tentatively" appointed the four executive committee attorneys, stating it did not doubt their capability but expressly conditioning the arrangement: if and when Plaintiffs formally move for class certification, the proposed interim class counsel must present a more detailed plan to control fees and expenses.

Order

The court granted Plaintiffs' Motion for Appointment of Interim Class Counsel (ECF No. 21) in full, appointing: - Robert K. Shelquist and Melissa S. Weiner as Interim Co-Lead Class Counsel; and - Tyler B. Ewigleben, Ben Travis, Leslie Pescia, and Michael N. Pollack to the Executive Committee as Interim Class Counsel.

This order does not constitute a ruling on class certification; that determination remains for a future stage of litigation.