Tershakovec et. al. v. Ford Motor Co.
(11th COA, filed May 18, 2022): Addressing presumptions of reliance for fraud claims and whether implied warranty claims can proceed when it is not inevitable that customers will experience the defect. Arguing that fraud claims are classically ill-suited for class certification. Presumptions of reliance, causation and materiality are inappropriate for purchases of consumer goods driven by idiosyncratic personal preference.
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