News & Analysis as of

Article III Product Defects

Fishman Haygood LLP

U.S. Sixth Circuit, En Banc, Reverses GM Transmission Certification on Commonality and Predominance Grounds

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In a previous JD Supra article, I wrote about the Sixth Circuit Court’s initial decision, which upheld class certification for the matter despite GM’s challenges to Article III and predominance, in the case of Speerly v....more

Ballard Spahr LLP

One Size Fits None: Sixth Circuit Demands State-by-State Analysis in Auto Defect Class Actions

Ballard Spahr LLP on

The U.S. Court of Appeals for the Sixth Circuit, in a full en banc decision, raised the pleading and proof standards for plaintiffs seeking to certify multistate automotive defect class actions. The court’s June 27, 2025,...more

Fishman Haygood LLP

U.S. Sixth Circuit Panel’s Rejection of GM’s Article III Standing and Predominance Challenges to Class Certification is Now Set...

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An August 2024 decision by a panel of the U.S. Sixth Circuit in Speerly v. General Motors, which underscores key developments in the law governing class certification, Article III standing, and the treatment of manifest...more

Nutter McClennen & Fish LLP

Product Liability 2022 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2022. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Patterson Belknap Webb & Tyler LLP

Burned Again: District Court Dismisses Putative Class Action Alleging Sunscreen Adulteration Due to Lack of Article III Standing

In this age of mass manufacturing, each unit in a product line is usually the same as every other.  But manufacturing isn’t perfect.  Sometimes, for various reasons, some units in a product line will deviate from the...more

King & Spalding

Eighth Circuit Affirms Dismissal of Claims of Putative Class of Purchasers of Off-Road Vehicles Who Had Not Experienced Alleged...

King & Spalding on

On August 16, 2021, the Eighth Circuit affirmed the district court’s grant of a motion to dismiss filed by off-road vehicle manufacturer Polaris in a putative class action alleging a design defect in certain Polaris off-road...more

Carlton Fields

Life May Not Be Fair, But Arizona Cannot Find Out Without Standing

Carlton Fields on

The Sixth Circuit recently held that Arizona lacked standing to intervene in, and object to, a nationwide class settlement at the settlement fairness hearing. The underlying case involved Tristar Products’ defective pressure...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 2, 2018

Welcome to the second issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we have rounded up several important and timely legal issues. As you...more

Benesch

Supreme Court Swats Down the “Voluntary-Dismissal Tactic”

Benesch on

Let’s say you’re a plaintiff in a federal action and you’re seeking class certification. The district court denies your motion. ...more

Morrison & Foerster LLP - Class Dismissed

Generalized Products Liability Claims Not Viable Post-Spokeo

The Supreme Court case Spokeo, Inc. v. Robins reaffirmed and clarified the requirements necessary for plaintiffs to establish standing. As evidenced by the recent First Circuit case Hochendoner v. Genzyme Corp., the analysis...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

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