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DANVERS MOTOR CO., INC. v. FORD MOTOR CO.

No. 07-2287.

543 F.3d 141 (2008)

DANVERS MOTOR CO., INC., a Massachusetts corporation; Bob Chambers Ford, d/b/a Augusta Ford, a Maine corporation; Concord Ford-Lincoln-Mercury, a New York corporation; Fette Ford Inc., a New Jersey corporation; Senator Ford, Inc., a Delaware corporation; Roseville Midway Ford Company, a Minnesota corporation; Fullers' White Mountain Motors, an Arizona corporation; Condon Ford, Inc., an Iowa corporation; G. & S. ManagementCorporation, on behalf of themselves and all others similarly situated, d/b/a Tilton Ford, a New Hampshire corporation, v. FORD MOTOR COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: September 12, 2008.

Attorney(s) appearing for the Case

James F. Hibey, (Argued), Lisa K. Hsiao, Esquire, Washington, DC, Romeo S. Quinto, Jr., Esquire, Chicago, IL, for Appellant.

Eric L. Chase, (Argued), Bressler, Amery & Ross, Florham Park, NJ, for Appellee Fette Ford, Inc.

Barry S. Goodman, (Argued), Greenbaum, Rowe, Smith & Davis, Woodbridge, NJ, for Appellee Danver Motor Co., Inc.

Before: FISHER, GREENBERG and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge:

Ford Motor Company appeals the certification of a class of Ford dealers in an action alleging violations of the Robinson-Patman Act, the Automobile Dealer's Day in Court Act, and numerous state franchise laws, as well as breach of contract and the covenant of good faith and fair dealing. We hold that the prerequisites for a class action are not met in this case. Accordingly we will vacate the order of the District Court and remand...

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