McManus v. Fleetwood Enterprises, Inc.

Plaintiff-class representatives Donnie and June McManus (representatives) (plaintiffs) sought class certification in their case against a California corporation, Fleetwood Enterprises, Inc. (Fleetwood) (defendant) regarding alleged misrepresentations on a wardrobe-door tag about the towing capacity of Fleetwood motor homes the representatives and others purchased in Texas. The case sought injunctive relief under Federal Rule of Civil Procedure 23(b)(2) and, alternatively, damages under 23(b)(3). The representatives alleged numerous claims including claims for fraudulent concealment, negligent misrepresentation, and breach of express warranty, each of which required proof of reliance. The representatives also alleged a claim for breach of implied warranty, which did not require proof of reliance. The district court certified a Texas-only class under Rules 23(b)(2) and (b)(3) and held that Texas substantive law applied. Fleetwood sought interlocutory appeal to contest the court’s decision to certify the class action. Fleetwood argued that the common questions of fact did not predominate over the individual questions of reliance. The representatives argued that the express-warranty claim did not require proof of reliance and, as to the other claims that did, the court could presume class-wide reliance because the same towing-capacity information was given to all class members.