Should a class action go forward when the company voluntarily has provided all the relief plaintiffs have sought? At least in some circumstances, the answer is “no,” according to the Tenth Circuit.
Here’s some background. Many product manufacturers—and especially auto makers—are targeted by the class action bar when they announce voluntary recalls. The lawsuits typically allege (among other things) that the manufacturer had fraudulently concealed the defect, and seek an injunction ordering the manufacturer to repair the defect. In other words, these suits seek precisely the same relief that the manufacturer is already providing. Sometimes the plaintiffs tack on requests
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