Ninth Circuit Opinion Could Limit Nationwide Consumer Class Actions

A recent Ninth Circuit decision imposed substantial commonality restraints on multijurisdictional class actions, restraints that the dissenting judge called "devastating to consumers." The Ninth Circuit decertified a class of automobile buyers in a false advertising lawsuit, holding that (i) differences in state laws precluded certification of a nationwide class and (ii) individual factual issues regarding plaintiffs' reliance on the challenged advertising predominated over common questions.

In Mazza v. American Honda Motor Co., filed in the Central District of California, the plaintiffs allege that Honda violated California law by disseminating advertisements that misrepresented the Collision Mitigating Braking System sold with certain Acura RL automobiles. Specifically, the plaintiffs claim that Honda's advertisements concealed material information about the braking system.