Class Action: Ninth Circuit Decides To Rehear Hyundai Kia Fuel Economy Litigation Case En Banc

2-1 Circuit Decision Going For A Larger Viewing, Including Fee Relook Decision.

            On January 24, 2018, we posted on In re Hyundai & Kia Fuel Economy Litig., No. 15-56014 et al., where the Ninth Circuit had a 2-1 split over awarding class counsel $8.9 million in fees even though some merits determinations were involved. The big dispute was over fees. We can report that this case cannot be cited as precedent because, on July 27, 2018, the matter was ordered to be reheard en banc.