National Class Size No Proof Of State Class Size, 3rd Circ. Says

Law360, New York (August 7, 2012, 9:33 PM EDT) -- The Third Circuit on Tuesday decertified a subclass of BMW customers whose car models had so-called run-flat tires, saying that even if there are enough members for a nationwide class, that might not show there are enough for a state-specific subclass.

In a precedential opinion, an appeals court panel remanded a proposed class action by plaintiff Jeffrey Marcus, who claimed that run-flat tires in certain BMW models are defective and fail frequently. In the lower court, Marcus had lost his bid for nationwide class certification but...
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