Auto Industry Class Actions: Pursuing, Defending or Settling Consumer Fraud and Warranty Breach Claims

The past several years have been brutal for the auto industry from a legal, financial and public relations standpoint. High profile incidents including Volkswagen’s emissions testing scandal, Toyota’s sudden acceleration debacle and General Motors’ ignition switch defect mishap resulted in a significant number of government enforcement actions and follow-on class actions. According to National Economic Research Associates, the average automotive class action nets $247 million.

Whether pursuing or defending class actions against auto manufacturers, suppliers or distributors, counsel must understand common and emerging liability theories in these cases and be able to navigate issues of predominance, standing, causation and more. Class counsel must also understand the current legal landscape regarding settling auto industry class actions in order to devise effective settlement strategies for their cases. Further, defense counsel should help their auto industry clients take proactive steps to minimize the likelihood of class claims.

Listen as our authoritative panel of class action plaintiff and defense attorneys discusses current trends and case law developments impacting auto industry class actions. The panel will outline strategies for increasing the likelihood of success from both the plaintiff and defense perspective from class certification through trial or settlement. The panel will also explain best practices for minimizing liability exposure.

1. Class actions against the auto industry—latest trends and case law developments, liability theories
   1. Consumer fraud
   2. Breach of contract
   3. Breach of warranty
   4. Excessive fees by distributors/dealers
2. Litigation strategies—plaintiff and defense perspective
   1. Certification strategies
   2. Trial strategies
   3. Settlement strategies
3. Proactive strategies for auto manufacturers, suppliers and distributors to mitigate the risk of class actions

The panel will review these and other key issues:

• What are the latest trends and case law developments impacting auto industry class actions?
• What strategies and tactics are plaintiffs’ counsel frequently using when pursuing class actions against auto manufacturers, suppliers or distributors?
• What compliance steps can put auto industry clients in a good position to avoid becoming a target of a class action lawsuit, and to position themselves for a successful defense?