August 17th, 2010
On August 17, 2010, the Ninth Circuit Court of Appeals issued a decision reversing the United States District Court for the Central District’s denial of the motions for class certification, filed on behalf of Plaintiffs Kenneth Gable and Brian Wolin. The complaints against Jaguar Land Rover North America, LLC (“Land Rover”) allege that the Land Rover LR3 vehicles suffer from an alignment geometry defect that causes the tires on the vehicles to wear prematurely. Gable’s complaint was filed on behalf of all those who purchased or leased 2005 and 2006 Land Rover LR3s in Michigan and Wolin’s case was filed on behalf of all those who purchased or leased a 2004, 2005, or 2006 Land Rover LR3 in Florida. On September 29, 2008, the District Court denied both Wolin and Gable’s motions for class certification. On appeal, the Ninth Circuit held that the District Court abused its discretion when it concluded that the proposed class could not show that common issues predominate. The Ninth Circuit also found that Plaintiffs satisfied the typicality requirement for class certification. Finally, the Ninth Circuit held that classwide adjudication of Plaintiffs’ claims is superior to other means of adjudicating the case.
For a copy of the Ninth Circuit’s Opinion, please click here