Our Litigators of the Week are a unique pair: defense counsel Shon Morgan of Quinn Emanuel Urquhart & Sullivan and plaintiffs’ counsel Steve Berman of Hagens Berman. In 2015, they were on opposite sides of the “v” in hammering out a settlement in a class action over fuel economy ratings against Hyundai and Kia. The deal was expected to cost the automakers $140 million.

But in a decision that sent shock waves through the class action bar, the U.S. Court of Appeals for the Ninth Circuit in 2018 rejected the settlement after concluding the district judge had failed to analyze the consumer laws of several states. Both the plaintiffs and defense bars clamored for en banc review, arguing that if the decision stood, it would make getting approval of class action settlements nearly impossible.

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