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, Continue Reading

Earlier this week, in In re Hyundai & Kia Fuel Efficiency Litig., the Ninth Circuit vacated a nationwide class action settlement, ruling that the lower court had abused its discretion by not considering whether the variations in the consumer-protection laws of the fifty states might predominate over common issues in the case. The ruling (by Judge Ikuta) was controversial from the start, arriving with an impassioned dissent from Judge Nguyen. And it’s that controversy that makes this opinion worth watching.

The facts of the case will sound familiar to experienced litigators. In the wake of an EPA investigation, several … Continue Reading