Civil Litigation,
9th U.S. Circuit Court of Appeals
Aug. 9, 2018
The real dilemma in Hyundai-Kia
In January, the 9th Circuit said certifying of a nationwide settlement class requires an analysis of the relevant laws in all 50 states. The court has now decided to rehear the case en banc.
Last month, the 9th U.S. Circuit Court of Appeals agreed to an en banc rehearing of the controversial opinion in In re Hyundai-Kia. 2018 DJDAR 7419 (July 27, 2018). Back in January of this year, the original panel held, 2-1, that certifying of a nationwide settlement class still required an analysis of the relevant laws in all 50 states to ensure that individualized legal issues would not predominate over common issues. 2018 DJAR 767 (Jan. ...
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