United States Third Circuit
Marcus v. BMW of N. Am., 11-1192
In a class action suit involving run-flat tires (RFTs) against Bridgestone and BMW of North America, district court's order certifying plaintiff's suit under Federal Rule of Civil Procedure 23(b)(3) as an opt-out class action on behalf of all purchasers and lessees of certain model-year BMW's equipped with Bridgestone RFTs sold or leased in New Jersey with tires that "have gone flat and been replaced," is vacated and remanded, as among other problems on the record, plaintiff's claims do not satisfy the numerosity and predominance requirements.
Appellate Information
- Decided 08/07/2012
- Published 08/07/2012
Judges
- Ambro
Court
- United States Third Circuit