T I Z E N on Nostr: "[...]McCalley v. Samsung Elecs. Am., Inc., 2008 WL 878402, at *5 (D.N.J. Mar. 31, ...

"[...]McCalley v. Samsung Elecs. Am., Inc., 2008 WL 878402, at *5 (D.N.J. Mar. 31, 2008); Birdsong v. Apple, Inc., 590 F.3d 955, 957 n.1 (9th Cir. 2009); Chavis v. Fid. Warranty Servs., Inc., 415 F. Supp. 2d 620, 626 (D.S.C. 2006). In addition to ignoring Third Circuit precedent and case law from this district, Plaintiff fails to acknowledge that the Ninth Circuit’s footnote in Birdsong was rejected in Floyd v. American Honda Motor Co., which unequivocally held that “CAFA may not be used to evade or override the MMWA’s specific numerosity requirement[,]” 966 F.3d 1027, 1035 (9th Cir. 2020). The District of New Jersey has also adopted the approach taken in Rowland since the 2008 decision in McCalley. See Tijerina v. Volkswagen Grp. of Am., Inc., 2023 WL 6890996, at #22 (D.N.J. Oct. 19, 2023). [...]"