Just a brief update on the 9th Circuit’s most controversial class-action case of the year. As expected, the proponents of the settlement that was rejected have appealed the case to the Ninth Circuit en banc.
What is slightly less expected is the alliance of interests that have filed amicus briefs. As Law360 reports, they include both automotive trade groups and consumer advocacy groups. (Unfortunately, the article does not include links to the amicus briefs.)
The plaintiffs’ advocacy groups have a clear cut argument: they have always asked for a minimal predominance requirement. Consumer groups and pro-manufacturing groups, however, must tread a very fine line in this en banc argument. In a nationwide controversy, individual consumers often have a strong interest in their own states’ laws applying to their claims, and defense groups have a very strong interest in a robust predominance requirement. Given the structural issue Judge Ikuta’s opinion exposed, it will be interesting to see how these arguments get presented at the en banc hearing.
Keep an eye on this case, it should continue to prove interesting.