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Automotive Industry › Product Defects › Class Action

Ballard Spahr LLP

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

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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

Husch Blackwell LLP

Navigating the Legal Landscape of Electric Vehicle Battery Fires

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The electric vehicle (“EV”) revolution is reshaping the automotive industry, promising a greener future and reduced reliance on fossil fuels. However, as EV adoption accelerates, manufacturers face a growing legal and...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

Faegre Drinker Biddle & Reath LLP

Sixth Circuit Applies FRE 702 to Class Certification Experts and Highlights Commonality and Predominance Issues for Products That...

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Class certification decisions under Rule 23 of the Federal Rules of Civil Procedure mark a critical stage in any putative class action lawsuit. Rule 23(a) requires plaintiffs to prove, among other things, that “there are...more

Bennett Jones LLP

Plaintiffs Fail to Show "Some Basis in Fact" For Certification in Two Proposed Vehicle Defect Class

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Class proceedings are frequently proposed after automakers issue recall notices. Two recent decisions from the Court of Appeal for Saskatchewan, Kane v FCA US LLC, 2024 SKCA 86 (Kane) and Evans v General Motors of Canada...more

Jenner & Block

Ninth Circuit Rejects Challenges to Conjoint Analysis in Consumer Class Action

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In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers’ relative...more

Bennett Jones LLP

The Alberta Court of Appeal Provides Guidance on the Test for Certification in Overturning Goodyear

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On May 17, 2021, the Alberta Court of Appeal released its decision in Spring v Goodyear Canada Inc., 2021 ABCA 182. This case is the latest Alberta consideration of the test for certification of a class action. At issue was...more

Kilpatrick

Class-wide damages model: Ninth Circuit cabins Comcast

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Takeaway: In a prior post – Leveraging Comcast – beating predominance where challenged product has some value (April 16, 2019) – we reported on a decision by Judge Lucy Koh of the Northern District of California...more

Morrison & Foerster LLP

Closing the Door on Hybrid Product Defect-Fraud Claims

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On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action against BMW of North America LLC...more

Morrison & Foerster LLP - Class Dismissed

Closing the Door on Hybrid Product Defect/Fraud Claims

Morrison & Foerster LLP - Class Dismissed on

On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action against BMW of North America LLC...more

Stinson LLP

MMPA Watch - Advertising Puffery Found Non-Actionable in Hurst v. Nissan

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The Missouri Court of Appeals recently overturned a jury verdict under the Missouri Merchandising Practices Act (MMPA) against Nissan North America, Inc., arising out statements made by Nissan in the advertising and promotion...more

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