Ninth Circuit Reverses What Was Once A "Major Blow" to Multi-State Class Actions

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In a split 2-1 decision, an en banc panel of the Ninth Circuit reversed a 2018 decision that caused alarm for lawyers on both sides of the bar.

The panel reversed a decision that decertified a nationwide class action settlement with major car manufacturers because the district judge failed to analyze consumer laws in several states. Writing for the majority, Circuit Judge Jacqueline Nguyen said that previous decision was a “major blow to multistate class actions.” A lawyer for the plaintiffs said the reversal “resets” the law to where it had once been, and a lawyer for the defense said it “helps promote reasonable compromise in the future.”

June 07, 2019