Girard Gibbs LLP filed a proposed class action lawsuit against Ford in April 2011 involving the 2005-2007 Ford Freestyle. The lawsuit alleges that Ford sold and leased the Freestyle without warning customers about a problem that causes the Freestyle to surge while idling.
The lawsuit is pending in the United States District Court for the Southern District of California before Judge Michael M. Anello. The lawsuit is a proposed class action, meaning that if the court allows the suit to proceed as a class action, a successful resolution may benefit not just the named plaintiff, but other Californians who bought or leased a Ford Freestyle as well.
The plaintiff filed a motion to certify a class of Freestyle owners in February 2012. In June 2012, the district court ruled that the case could proceed on an individual basis only. We asked the court to reconsider its decision, but the court declined to do so. We then filed a request to appeal the trial court’s decision, and on February 27, 2013, the court of appeals agreed to hear the case.
On February 10, 2015, Gibbs Law Group Partner David Stein appeared before the Ninth Circuit Court of Appeals to appeal the district court’s decision to deny class certification in the case.
Following the oral argument, a panel of three appellate judges reversed the decision of the district court to deny class certification and remanded the case back to district court. The Ninth Circuit reversal order states that the existence of the defect and Ford’s duty to disclose it to consumers are common questions among all members of a proposed class.