201401.17
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9th Circuit Court of Appeal Denies Sony’s Petition to Appeal District Court’s Class Certification Order

The Ninth Circuit Court of Appeals issued a ruling yesterday that will allow the class action against Sony Electronics, Inc. to continue moving forward.

On September 25, 2013, the United States District Court for the Southern District of California issued an order granting class certification to California and New Jersey residents who allege Sony Electronics, Inc.  knowingly marketed and sold laptops containing defective touchpad components.  A redacted copy of the order can be found here.  On October 10, 2013, Sony filed a Petition for Permission to Appeal the district court’s order, arguing, among other things, that the district court committed “manifest errror” by granting class certification.  The law firms of Zeldes Haeggquist & Eck, LLP and Doyle Lowther, LLP, on behalf of the named plaintiffs and all similarly situated consumers, opposed Sony’s Petition.

On January 16, 2014, the Ninth Circuit Court of Appeals summarily denied Sony’s Petition to Appeal, citing Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005), which holds that interlocutory appeals, such as the one Sony attempted, “are generally disfavored because they are ‘disrputive, time-consuming, and expensive.'”  A copy of the order can be found here.

“As evident by the Ninth Circuit’s decision, Sony’s Petition fell well short of establishing the ‘rare occurrence’ worthy of interlocutory review,” said Aaron Olsen of Zeldes Haeggquist & Eck, LLP.  “This is a great decision for consumers which will allow the certified class of consumers’ case to proceed toward obtaining relief for their allegedly defective Sony VAIO laptops.”