Plaintiffs Seek Statewide Class Certification against Hyundai

Hyundai is facing a statewide class-action lawsuit, if the plaintiffs are granted certification in the 2015 case surrounding the automaker’s alleged defective panoramic sunroofs.

In 2015, Billy Glenn, an Alabama resident, filed a lawsuit against the company for allegedly knowing and selling certain makes and models with defective panoramic sunroofs. According to the original complaint, Glenn’s 2014 Santa Fe Sport’s sunroof shattered without cause, only to experience the same incident with its replacement. 

Most of the lawsuit was dismissed in late July 2016, but the presiding judge allowed the plaintiffs to move forward with claims of fraud, with the ability to amend the complaint to include violations of consumer protections laws and unjust enrichment.

Last week, plaintiffs Glenn, Kathy Warburton, Kim Fama, Corinne Kane, Roxana Fitzmaurice and Jahan Mulla asked the U.S. District Court of California to grant them class-action certification for the proposed classes under their respective state laws: consumer protection, unjust enrichment and warranty claims.

According to the court document, Plaintiffs proposed three class definitions: “one for their express warranty claims, which includes those owners and lessees who have incurred repair expenses; one for their UCL, Song-Beverly, and unjust enrichment claims, which includes only purchasers and lessees of new vehicles; and one for their remaining consumer protection claims, which covers both new and used purchasers and lessees.”

Six states are represented in the class-action proposal: Alabama, California, New Hampshire, New Jersey, Texas and Washington.

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