Schnader Attorneys Defeat Class Certification in Matter for Midas Inc.On December 20, 2011 by Schnader in Litigation
On Monday, December 19, 2011, a Schnader team including Stephen H. Dye and Christopher H. Hart obtained a victory for Firm client, Midas Inc. when Los Angeles Superior Court Judge William F. Highberger rejected a Midas brake consumer class action suit. Judge Highberger refused to certify a putative class of customers who claimed Midas Inc. automobile repair franchisees violated state consumer protection laws by providing inferior substitutes for Midas-brand brake parts.
In June 2006, the plaintiffs filed their lawsuit claiming customers at United Autocare Center LLC’s Midas-branded car repairs shops repeatedly ordered brake repairs expecting to get Midas-branded parts, only to have generic brake pads and brake shoes used in the repairs which were cheaper and inferior in quality. Prior to the December 19 hearing, Judge Highberger issued a tentative decision that the plaintiffs’ motion for class certification should be denied on several grounds, including a failure to establish that advertising of Midas-branded parts was material to the purchase decisions of large numbers of the purported class. He also held that the claims of the named plaintiffs were not typical of the putative class, since they did not provide proof that the generic parts they received were inferior to or cheaper than Midas parts.
The lawsuit is United Autocare Brake Cases, case number JCCP4592, in the Superior Court of the State of California, County of Los Angeles.
Media coverage of the case was mentioned in Law360.