· 8/18/2006
Patricia A. Daffin, on Behalf of Herself and All Others Similarly Situated v. Ford Motor Company
Citations
- 458 F.3d 549
- 65 Fed. R. Serv. 3d 1239
- 2006 U.S. App. LEXIS 21124
- 2006 WL 2381015
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a class of 23 members was substantial enough to meet the numerosity requirement
- holding that whether the throttle body was defective is a common question to all class members when all the vehicles had the same throttle body and warranty
- holding that commonality was satisfied when interpretation of a warranty contract was at issue
- noting that “[t]he mere fact that Daffin’s throttle assembly stuck, while other class members’ throttles have not stuck, does not render Daffin atypical”
- observing that allegedly defectively designed throttle body in named plaintiff's vehicle was identical to that found in all vehicles covered by the class definition
- stating that while “there is no strict numerical test,” a class in the thousands is sufficiently numerous
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Moore, Rogers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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