Class Certification Denied as Dykema Lawyer Fred J. Fresard Successfully Represents Ford Motor Co.

June 25, 2013 12:00 AM
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Dykema strategically fielded a team of legal scholar class action and product liability lawyers to achieve summary judgment, resulting in a denial of class certification. On June 18, Judge William B. Shubb of the U.S. District Court of the Eastern District of California issued a final order that denied the plaintiffs' request for class certification in Daniel et al. v. Ford Motor Co. (Case No. 2:11-cv-02890-WBS-EFB). Fred J. Fresard of the law firm Dykema, with fellow laywers from Dykema, successfully represented Ford Motor Co. in this matter.

In this case, a group of Ford Focus owners brought a putative class action on behalf of owners and lessees of 2005 and 2011 Ford Focus vehicles, which allegedly had a rear suspension "alignment/geometry defect" leading to premature tire wear. In its initial order on June 7, the court granted Ford's motion for summary judgment on all claims, with the exception of Daniel's claims for breach of a Song-Beverly Act implied warranty and violation of the Magnuson-Moss Warranty Act. On June 18, the court denied class certification with respect to those claims.

This outcome is particularly notable because there were two other cases involving the same alleged defect causing premature tire wear in which classes were ultimately certified.
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