Facts

Richard Cochran and several other consumers filed a putative class action against Volvo Group North America LLC alleging design defects affecting Volvo trucks with Volvo D13 and D16 engines. Plaintiffs sought to certify the class action.

Plaintiffs had previously filed a request for a nationwide class to be certified and was denied. Plaintiffs sought leave to file a second motion to certify statewide classes, where each would have a class representative from that state. Plaintiff brought this second motion to certify a nationwide class and suggested that North Carolina law be applied, and that if the court found there were any conflicts with the laws of the other states, a separate subclass could be created for the residents of those states.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the affected truck engines had a common defect that led to repeated breakdowns and malfunctions. Plaintiffs also contended that Volvo dealerships were unable to adequately repair the engines, causing them significant lost income. It caused other plaintiffs excessive repair expenses for those whose warranties have run out. Plaintiffs also contended that defendants were aware of the defects, but were unable to or refused to repair it.

DEFENDANT'S CONTENTIONS:
Defendant denied all allegations.

Result

The court denied the second motion for class certification.