Sixth Circuit vacates certification of ten statewide classes against Nissan based on district court’s failure to ascertain common issues

Takeaway: The Sixth Circuit recently emphasized how demanding Rule 23’s commonality requirement can be. In In re Nissan North America, Inc. Litigation, — F.4th —-, No. 23-5950, 2024 WL 4864339 (6th Cir. Nov. 22, 2024), the panel eviscerated a district court’s certification of ten statewide classes, finding the district court glossed over material differences arising from changes made to an allegedly defective product over time. Even beyond the commonality requirement, Nissan provides a…
By: Kilpatrick