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Litigation & Arbitration

Jan. 3, 2024

Automakers accused of delaying antitheft device litigation

There is a “controlling question of law” as to whether the supposed foreseeability of the car thefts supports a duty to protect against criminal conduct by third parties, Steven G. Madison, a partner at Quinn Emanuel Urquhart & Sullivan LLP, wrote in his bid to stay the proceedings and certify the case for appeal.

Governmental entities suing Kia America Inc. and Hyundai Motor America for allegedly making cars with substandard anti-theft features said the companies’ bid to certify an interlocutory appeal to the 9th U.S. Circuit Court of Appeals was an improper delay tactic.

“The defendants are simply unhappy with this court’s ruling. … If this court were to certify these questions to the Ninth Circuit, it would not save the parties the expense and b...

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