Credit: FotograFFF/Shutterstock Federal Judge Rejects Proposed Workaround for Magnuson-Moss Warranty Act Class Actions With Too Few Plaintiffs
"In the absence of precedent from the First Circuit, this Court will adopt the Ninth Circuit's reasoning in 'Floyd,' which correctly adheres to this circuit's and the Supreme Court's principles of statutory interpretation," U.S. District Judge Angel Kelley of the District of Massachusetts wrote.
February 14, 2023 at 03:52 PM
7 minute read
A federal judge in Massachusetts allowed three of the six counts to proceed against Mitsubishi in a putative class action over a hood defect in the company's 2022 Outlander model, but cited out-of-circuit precedent in ruling that the Class Action Fairness Act does not lower the barrier for Magnuson-Moss Warranty Act claims brought in federal court.
Jesse Rezendes, a Massachusetts resident, purchased a 2022 Mitsubishi Outlander in June of 2021 from Central Mitsubishi in Raynham, according to the opinion. The vehicle came with Mitsubishi's New Vehicle Limited Warranty which stated that the company would repair any "defect in materials or workmanship" during the first five years or 60,000 miles of vehicle life. Within the first few weeks of ownership, Rezendes noticed a defect in the hood of the car.
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