Defense of Automobile Dealerships in Purported Class Action
May 01, 2013OUTCOME: Defeat of Second Attempt at Class Certification in the Trial Court
A group of automobile dealerships were facing a purported class action claiming that new cars were equipped in violation of the Colorado Consumer Protection Act and hired Reilly Pozner to defend its in ... terests. After winning landmark reversals at the Colorado Court of Appeals and Supreme Court of the trial court’s initial approval of class treatment, RP team members were called on once again to defend against Plaintiffs’ renewed attempt at certification of two different proposed consumer classes. This five year battle for class certification recently culminated in an extensive four-day evidentiary hearing. Agreeing with Reilly Pozner and its client that individual examinations of each car purchase file were necessary and class wide inferences could not be made, the Jefferson County District Court (Tidball, J.) denied Plaintiffs’ Second Motion for Class Certification on Rule 23 superiority and predominance grounds.
