Bird Marella attorneys Ekwan Rhow, Oliver Rocos, and Barr Benyamin won a federal class action on behalf of Hyundai Motor America, continuing a string of victories for the global automobile manufacturer over the past decade.
The original complaint, filed on behalf of a nationwide class, alleged that Hyundai sold vehicles with defective wheels. The action included claims of breach of warranty, violations of various state consumer protection laws, and unjust enrichment.
The Bird Marella defense team filed a motion to dismiss attacking the sufficiency of the complaint and further arguing that the court lacked subject matter jurisdiction over the case under the Class Action Fairness Act. Rather than oppose the substance of the motion, the plaintiff sought leave to obtain jurisdictional discovery, which the court granted. During the jurisdictional discovery period, Bird Marella engaged in extensive meet and confer efforts with opposing counsel and established that the plaintiff could not meet the jurisdictional requirements of the Class Action Fairness Act. The plaintiff ultimately agreed to file a notice asking the court to dismiss the action, which was granted by The Honorable John F. Walter of the U.S. District Court in the Central District of California.
To learn more about Bird Marella’s successes in high-profile class action suits, click here.
Bird Marella has achieved several high-stakes victories for Hyundai Motors America and the Hyundai Motor Company in recent years. Click below to read more.
Bird Marella Obtains Summary Judgment of Consumer Class Action Against Hyundai
Bird Marella Obtains Dismissal of Product Defect Class Action Against Hyundai
Bird Marella Obtains Dismissal of Consumer Class Action Lawsuits Against Hyundai and Kia
Bird Marella Wins Multimillion-Dollar Issue in Eminent Domain Case for Hyundai