Court of Appeals Denies Land Rover's Petition for Rehearing

November 3rd, 2010

On November 3, 2010, the Ninth Circuit Court of Appeals denied a petition by Jaguar Land Rover North America, LLC (“Land Rover”) for a rehearing en banc of the decision issued by the Court on August 17, 2010, in which it reversed the District Court’s denial of class certification and remanded for further proceedings in consumer class actions filed by Kenneth Gable and Brian Wolin. In its August 17, 2010 decision reversing and remanding the cases, the Ninth Circuit, among other things, (1) held that “proof of manifestation of a defect is not a prerequisite to class certification;” (2) rejected Land Rover’s suggestion that “automobile defect cases can categorically never be certified as a class;” and (3) held that a class action was a superior method of addressing the issues presented by the litigation.