Class Expelled in Consumer Suit Against BMW, Bridgestone Tires
The Third Circuit says owners and lessees of BMWs fitted with allegedly defective “run-flat” Bridgestone tires can’t sue as a class under the New Jersey Consumer Fraud Act. The court found that the judge below improperly certified a subclass by applying a presumption of causation to find that common issues of fact would predominate in satisfaction of Rule 23(b)(3).
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