Key Issue
Whether consumers seeking monetary and injunctive relief due to
an alleged design defect could be certified as a nationwide class
under Rule 23(b)(2) and as 16 elemental sub-classes under Rule
23(b)(3) or in the alternative, 23 state-by-state
sub-classes.1
Background
Plaintiffs brought a consumer class action in 2016 after FCA US
LLC (Chrysler) announced it was recalling approximately 1.1 million
vehicles after discovering an issue with the gear shift that could
cause these vehicles to roll away after the driver had exited
because the park function would not engage as expected. Plaintiffs
sought to certify a nationwide class in the Eastern District of
Michigan under Rule 23(b)(2) to require defendant to take
corrective action to fix the vehicles. They also sought to certify
16 subclasses under Rule 23(b)(3) that they proposed to organize by
commonality of certain elements of their causes of action under
various state laws. In the alternative, they
