United States Third Circuit

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Dewey v. Volkswagen AG, 10-3618

In a products liability suit concerning defective cars, an order certifying a class is reversed, where: 1) unnamed class members are not "parties" within the meaning of 28 USC section 636(c)(1), and their consent is not required for a magistrate judge to exercise jurisdiction over a case; and 2) the class failed to satisfy Federal Rule of Civil Procedure 23(a)(4), because the interests of the representative plaintiffs--a group of class members who were to receive the right to reimbursement for certain qualifying damages--did not sufficiently align with those of the unnamed plaintiffs in another group of class members--those who were required to wait until the reimbursement group made its claims.

Appellate Information

  • Decided 05/31/2012
  • Published 05/31/2012


  • Smith


  • United States Third Circuit


  • For Appellant:
  • Samuel P. Sporn, Jeffrey L. Chase

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