Brian and Shant discuss some good news (for a change) for consumers regarding class actions.
Noel v. Thrifty Payless, Inc. (2019) 7 Cal.5th 955: The California Supreme Court held that the ascertainability element of class certification does not require the ability to give notice to every single class member.
Nguyen v. Nissan North America, Inc. (9th Cir. 2019) 932 F.3d 811: The 9th Circuit Court of Appeals held that the Plaintiff’s theory of liability—that Nissan’s manufacture and concealment of a defective clutch system injured class members at the time of sale—is consistent with his proposed recovery based on the benefit of the bargain. It doesn’t matter
Brian and Shant also discuss the “trivial defect” doctrine.
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