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American Honda Motor Company, Inc. v. Allen

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SUBMITTED DECEMBER 30, 2009

Before POSNER, EVANS, and TINDER, Circuit Judges.

American Honda Motor Company and Honda of America Manufacturing (collectively “Honda”) seek leave to appeal the district court’s grant of class certification pursuant to Federal Rule of Civil Procedure 23(f). Specifically, Honda asks us to resolve whether the district court must conclusively rule on the admissibility of an expert opinion prior to class certification in this case because that opinion is essential to the certification decision. Since this is the type of question that Rule 23(f) was designed to address, and because the district court’s analysis was incomplete, we accept the appeal. See Allen v. Int’l Truck & Engine Corp., 358 F.3d 469, 470 (7th Cir. 2004) (“The parties’ comprehensive submissions show not only that immediate review would promote the development of the law… but also that the district court committed an error best handled by a swift” action.).

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