United States Third Circuit

The trial court's order granting plaintiff's motion for class certification in an action asserting claims for violation of the New Jersey Consumer Fraud Act, breach of contract, and unjust enrichment in connection with defendant's sale of extended warranty plans through Sam's Club retail stores, is vacated and remanded, where: 1) Marcus v. BMW of North America, LLC, 687 F.3d 583 (3d Cir. 2012), which thoroughly explored Rule 23's class definition, ascertainability, and numerosity requirements was decided after the trial court's order, so plaintiff did not have an opportunity to address these requirements; and 2) if the trial court certifies the class, it must determine whether plaintiff falls within the amended class definition and sustained an injury because presently it is unknown if he has a valid manufacturer's warranty.

Appellate Information

• Decided 08/02/2013
• Published 08/02/2013

Judges

• SCIRICA

Court

• United States Third Circuit

Counsel