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Ninth Circuit’s En Banc Hyundai Decision: Less Strict Standard Applies to Certification of Settlement Classes

On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context.  Hyundai II preserves...more

Update: Ninth Circuit to Review Hyundai Pro-Defense Decision

On July 27, 2018, the Ninth Circuit issued an order granting en banc review of its decision in Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23, 2018). The Ninth Circuit also set oral...more

Ninth Circuit’s Pro-Defense Decision in Hyundai Opens the Door for Class Certification Defenses

On January 23, 2018, in a 2-1 decision, the Ninth Circuit sent class-action lawyers into a tizzy when it handed down its decision in In re Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23,...more

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