SFMS Files Appeal Of Motion To Dismiss Decision In Ninth Circuit Court Of Appeals

October 5th, 2007

Shepherd, Finkelman, Miller & Shah, LLC ("SFMS"), along with its co-counsel, recently filed an appeal in the Ninth Circuit Court of Appeals on behalf of their clients, Jean Carper and Michael Muhlfelder, of an August 9, 2007 decision of the United States District Court for the Central District of California granting the Motions to Dismiss by Defendants American Honda Motor Company, Inc. ("Honda") and Michelin North America, Inc. ("Michelin"). The appeal addresses certain legal conclusions and factual findings made by the District Court concerning Plaintiffs' claims. Specifically, the appeal addresses legal conclusions made by the District Court concerning, inter alia, whether or not Plaintiffs have to allege reliance in order to state claims under the California statutory consumer protection laws; whether or not Rule 9b of the Federal Rules of Civil Procedure applies to the Plaintiffs' California statutory consumer protection claims and whether unfairness was adequately pled in the Plaintiffs' Complaint for a claim under California's Unfair Competition Law. The appeal also addresses whether Plaintiffs pled sufficient facts as to Honda and Michelin to support the application of California law to their claims.

If you have any questions regarding this appeal, please contact either James E. Miller at jmiller@sfmslaw.com or 1-866-540-5505 or James C. Shah at jshah@sfmslaw.com or 1-877-891-9880.