United States Sixth Circuit

In a suit seeking damages for a defective throttle body assembly that caused the accelerator to stick, certification of a class of all 1999 or 2000 Mercury Villager owners and lessees who owned or leased their vans during their van's initial warranty period is affirmed where, although the class included owners who never actually experienced a manifestation of the alleged defect, the class certification was not an abuse of discretion because the class and the named plaintiff met the elements of Fed. R. Civ. P. 23(a) and 23(b)(3).

Appellate Information

• Decided 08/18/2006
• Published 08/18/2006

Judges

• Before:  MARTIN, MOORE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Brian C. Anderson, O'Melveny & Myers, Washington, D.C., for Appellant.  John C. Murdock, Murdock, Goldenberg, Schneider & Groh, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Brian C. Anderson, O'Melveny & Myers, Washington, D.C., Gary Glass, Thompson Hine, Cincinnati, Ohio, for Appellant.  John C. Murdock, Murdock, Goldenberg, Schneider & Groh, Cincinnati, Ohio, for Appellee.