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On August 11, a coalition of seven Democratic AGs wrote a letter to the federal court overseeing the proposed class-action settlement regarding certain alleged theft-prone vehicles manufactured by Hyundai and Kia, arguing...more
A Multidistrict Litigation started by a TikTok trend of individuals breaking into cars recently settled for an estimated $200 million. The Plaintiffs alleged that the Defendants—Hyundai and Kia—knowingly sold defective...more
On March 31, the District of New Jersey dismissed a putative automotive class action against Hyundai Motor America and Hyundai Motor Company, finding that the named plaintiff failed to plead that Hyundai had knowledge of an...more
On June 14, 2019, the Southern District of New York declined to certify a consumer fraud class action arising from alleged brake defects, holding that an abundance of individualized issues defeated predominance....more
Last month, the Ninth Circuit sitting en banc affirmed, by an 8–3 vote, a nationwide class settlement of a multidistrict litigation against automakers Kia and Hyundai over alleged misrepresentations regarding certain...more
The Ninth Circuit’s recent en banc decision in In re Hyundai and Kia Fuel Economy Litigation, — F.3d —, 2019 WL 2376831 (9th Cir. Jun. 6, 2019), restored some much-needed balance to the class action universe. The court...more
On June 6, 2019, the en banc Ninth Circuit affirmed a nationwide class action settlement, holding that the district court did not err by failing to apply the law of each class member’s state before approving the settlement. ...more
Reversing itself in a 7-4 en banc decision, the Ninth Circuit reinstated a $210 million settlement in multidistrict class action litigation over the advertised fuel efficiency of Hyundai and Kia vehicles, making approval of...more
The Ninth Circuit recently addressed the propriety of applying California law to a nationwide settlement class. The Central District of California had hosted a consolidated multidistrict litigation of individuals who bought...more
In a recent 8-3 en banc decision, the Ninth Circuit affirmed the district court’s approval of an estimated $210 million class action settlement in In re Hyundai and Kia Fuel Economy Litigation....more
On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context. Hyundai II preserves...more
• En banc 9th Circuit affirmed a $210 million settlement in multidistrict litigation against Hyundai and Kia relating to their alleged misrepresentations about the fuel efficiency of their vehicles, reversing the decision of...more
Seyfarth Synopsis: Satisfying Rule 23(b)(3)’s predominance requirement is undoubtedly a challenge when it comes to a nationwide class. Among the many issues that arise is the extent to which varying state laws can impact...more
Sometimes settlement with a putative class of nationwide consumers is the best option for resolution. However, since the initial ruling of the Ninth Circuit in In re Hyundai & Kia Fuel Econ. Litig., the mechanism to go about...more
CHARLOTTE, NC – The United States District Court for the Western District of North Carolina has denied plaintiffs Hyundai Motor Company’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (#36). This means that...more
The Ninth Circuit has agreed to review a panel decision from the court which rejected a settlement in multidistrict litigation over the fuel efficiency of Hyundai Motor America Inc. and Kia Motors Corp. vehicles. The case and...more
Just a brief update on the 9th Circuit’s most controversial class-action case of the year. As expected, the proponents of the settlement that was rejected have appealed the case to the Ninth Circuit en banc....more
Late last month, in In re Hyundai & Kia Fuel Economy Litigation, 881 F.3d 679 (9th Cir. 2018) (Hyundai), a divided Ninth Circuit panel reversed the district court’s approval of a proposed nationwide class settlement valued at...more
Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded...more
In a “major blow to multistate class actions,” according to the dissenting opinion in Espinosa v. Ahearn (In re Hyundai & Kia Fuel Econ. Litig.) 2018 U.S.App.LEXIS 1626 (January 23, 2018), the Ninth Circuit vacated a class...more
In a split panel, the Ninth Circuit Court of Appeals reversed a district court’s certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule...more
On January 23, 2018, in a 2-1 decision, the Ninth Circuit sent class-action lawyers into a tizzy when it handed down its decision in In re Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23,...more
An unexpected decision from the US Court of Appeals for the Ninth Circuit has raised questions about the viability of nationwide class action settlements. What appeared to be a wrapped-up settlement agreement unraveled after...more
Last week, a split Ninth Circuit panel in In re Hyundai and Kia Fuel Economy Litigation[1] vacated the certification of a nationwide class for settlement purposes because the district court failed to address choice-of-law...more
In In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 2018 WL 505343 (9th Cir. Jan. 23, 2018), the Ninth Circuit vacated a nationwide class action settlement, concluding that the district court’s failure to conduct a...more