Tuesday, January 23, 2018

In Re Hyundai and Kia Fuel Economy Litigation (9th Cir. - Jan. 23, 2018)

You've definitely got to read the first two dozen pages of today's Ninth Circuit opinion.  Riveting stuff.

Oh, wait.  My bad.  The first 24 pages are so merely entail the caption.  You've got to read the rest of the opinion for the substance.

All 84 single-spaced pages of it.


It's a pretty important case.  If only for you Hyundai and Kia owners out there.  Until today, there used to be a $200 million-plus class action settlement, and owners would each get $500 or so.

No mas.

Judge Nguyen dissents, but gets outvoted by Judges Ikuta and Kleinfeld.  And even though, in theory, the majority says that "maybe" the case could be recertified on remand, Judge Nguyen seems right to me when she says that the skeptical reasoning behind the majority opinion almost certainly rules that out.

Or, I'd add, at a minimum, means the ultimate settlement will be much more favorable.  Because the defendants' position, after today's opinion, is much stronger.  So the class action plaintiffs will likely be inclined to settle for whatever crumbs they can get lest they get poured out.

So I hope you didn't spend your anticipated class action settlement check in advance, Kia and Hyundai owners.

'Cause it's not looking good for you.