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LIERBOE v. STATE FARM MUT. AUTO. INS. CO.

No. 02-35432.

350 F.3d 1018 (2003)

Kristine E. LIERBOE, Individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn June 6, 2003.

Resubmitted October 31, 2003.

Filed December 1, 2003.

Attorney(s) appearing for the Case

Bradley J. Luck, Garlington, Lohn & Robinson, PLLP, Missoula, Montana; Peter A. Danelo, Michael Dion, Heller Ehrman White & McAuliffe, LLP, Seattle, Washington, for the Defendant-Appellant.

Allan M. McGarvey, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, Montana, for the Plaintiffs-Appellees.

Before: DONALD P. LAY, ALFRED T. GOODWIN, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted June 5, 2003 — Seattle, Washington.

OPINION

GOULD, Circuit Judge:

We decide whether to vacate a district court's class certification following a subsequent ruling that the class's sole named plaintiff has no cognizable claim. Because the class is inadequately represented, we vacate the class certification and remand with instructions to dismiss.

I

On September 9, 1996, while riding as a passenger in a...

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