Neal v. Volvo Cars — civil class action — reversal — Smith
Today the Third Circuit vacated a district-court ruling granting class certification in a consumer class action brought against Volvo alleging defective sunroof drainage. The court directed the district court to “define the class membership, claims, and defenses, and so that it may rigorously analyze predominance in the first instance.”
Joining Smith were Chagares and Hardiman. Arguing counsel were Peter Herzog III for Volvo and Eric Katz of Mazie Slater for the class plaintiffs.
The lower court opinion was written by the since-departed Judge Cavanaugh, who’s had a few decisions vacated since he’s left, if my memory serves me. The DNJ bench cannot be looking forward to these remands.