For BMW Financial Services NA LLC: US Court of Appeals for the Ninth Circuit rules in favor of JMBM client in class action lawsuit

For BMW Financial Services NA LLC: On February 25, 2013, the United States Court of Appeals for the Ninth Circuit, Second Appellate District in the Court of Appeal of the State of California ruled in favor of JMBM client BMW Financial Services in a class action lawsuit, Shanna Lee Kuxhausen v. BMW Financial Services NA LLC. In its published decision, the panel reversed the district court’s remand to state court: “The panel held that because the amount in controversy was not sufficiently stated by the initial pleading, plaintiff had not pled all the facts necessary for diversity jurisdiction under the Class Action Fairness Act. The panel noted that nothing in plaintiff’s complaint indicated the value, even as an approximation, of other class members’ vehicle financing contracts, and BMW was not obligated to supply information which plaintiff had omitted.” According to the Los Angeles Daily Journal, the decision considers issues that are currently before the U.S. Supreme Court in Standard Fire Insurance Co. v. Knowles. JMBM partner Michael Hassen, chair of the Firm’s Class Action Defense Group, argued the case on behalf of BMW.