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Expert Analysis

Automotive Recalls, Mootness And Class Actions

Law360, New York (August 1, 2014, 8:46 AM EDT) -- Recalls and class actions go hand in hand. Often the filing of a class action follows an announced recall by a matter of days. The paradox here is apparent: the very purpose of a recall is to remedy a potential problem with the vehicle or product and yet the offer of a remedy may form the basis of a class action. To the extent the harm alleged in the lawsuit is remedied by the recall itself, shouldn't the recall moot those claims?...

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