As I predicted in April, the Ninth Circuit has granted en banc rehearing and will reconsider the panel decision in In re Hyundai and Kia Fuel Economy Litigation, 881 F.3d 679 (9th Cir. 2018) (discussed here, here, and here).
According to this article in The Recorder (subscription), the matter will be set for oral argument during the week of September 24, 2018 in Pasadena, California.
I recently had the privilege of presenting oral argument in the Ninth Circuit's courthouse in Pasadena. It is a lovely building and location. It was one of the last arguments heard by the late, great Judge Stephen Reinhardt, having taken place about three weeks before he died. I was very saddened to hear about his passing so soon after I had argued before him.
The Ninth Circuit's opinion, which was a win for us, was handed down just a few days before his death. When the defendant sought rehearing, Judge Wardlaw was assigned to the case in Judge Reinhardt's place, but he signed the original opinion, which turned out to be one of his last. See Robinson v. OnStar, LLC, 721 Fed. Appx. 704 (9th Cir. 2018) (modified opinion reversing district court's order compelling individual arbitration).
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