January 24, 2018
Partner Jeff Jacobson was quoted in the Law360 article “9th Circ. Sets High Bar for Nationwide Class Settlements.” The article analyses the Ninth Circuit’s decision to vacate a multistate consumer class action settlement in In re: Hyundai and Kia Fuel Economy Litigation. On January 23, the Ninth Circuit found that a California judge didn't thoroughly consider varying state consumer protection laws before certifying a nationwide class, overturning a $200 million settlement over allegations that Hyundai and Kia misstated vehicle fuel efficiency. The decision was described as “a major blow to multistate class actions” by the panel’s dissenting judge.
"I am not viewing this decision as any kind of a sea change, and the panel majority didn't say it was," said Jeff. "They brought out their greatest hits album on class action law, but they said, 'We're not saying anything we haven't said before,' which is there are a number of concerns and the district court did not do enough to analyze."
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