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Martin v. Behr Dayton Thermal Products LLC
(6th Circ., filed August 6, 2018): Urging the en banc court to grant a rehearing and reverse the lower court’s decision to certify an issue class under Rule 23 (c)(4) when Rule 23 (b)(3)’s requirements prohibit certiciation of a class for the relevant cause of action. The panel’s interpretation would render Rule 23 (b)(3)’s standards meaningless and allow certification of virtually any putative class action. It also raises serious Seventh Amendment concerns.
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