Chandler v. Southwest Jeep-Eagle, Inc. case brief

Chandler v. Southwest Jeep-Eagle, Inc. case brief summary
162 F.R.D. 302 (1995)

CASE SYNOPSIS

Plaintiff individual brought claims against defendants, auto dealership and bank, seeking redress for alleged misrepresentations and unfair and deceptive practices in connection with the auto dealership's retail installment contract.

CASE FACTS
The individual moved for class certification with respect to allegations that the auto dealership made misrepresentations in its retail installment contracts and that the misrepresentations amounted to deceptive practices.

DISCUSSION

• The court set forth the requirements for class certification under Fed. R. Civ. P. 23. 
• The court determined that all of the prerequisites for certification contained in rule 23 were satisfied and granted class certification. 
• The auto dealership moved to dismiss the individual's breach of warranty claim alleging that the service contract contained no warranties. 
• The court was satisfied that the individual adequately pleaded a breach of contract claim. 
• The auto dealership also moved to dismiss the individual's Consumer Fraud Act claim arguing that it was not pleaded with particularity as required byFed. R. Civ. P. 9. 
• The court held that the individual's allegations were sufficiently specific to satisfy the requirements of Rule 9 and granted the auto dealership's motion to dismiss that count.

CONCLUSION
The court granted the individual's motion for class certification and granted the auto dealership's motion to dismiss in part and denied it in part.

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