Analysis

Full 9th Circ. Hyundai Reset Gives Clarity On Class Deals

Law360 (June 7, 2019, 7:09 PM EDT) -- An en banc Ninth Circuit on Thursday reset the standard for certifying consumer class action settlements, offering plaintiffs and defense attorneys reprieve from what they described as an unworkable standard requiring an intensive 50-state analysis of consumer protection laws.

The court's 8-3 en banc decision affirming a nationwide settlement in multidistrict litigation over Hyundai and Kia's misrepresentations about their vehicles' fuel efficiency overrode a split appellate panel's controversial 2018 decision nullifying the deal based on potential variations in state consumer protection laws.

Experts say the Ninth Circuit delivered a major win to both plaintiffs and class action defense attorneys by rectifying a...

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