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SMITH v. GENERAL MOTORS LLC

No. 19-1614.

988 F.3d 873 (2021)

James SMITH, et al., Plaintiffs-Appellants, v. GENERAL MOTORS LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 18, 2021.

Attorney(s) appearing for the Case

ARGUED: Jason H. Alperstein , ROBBINS GELLER RUDMAN & DOWD LLP, Boca Raton, Florida, for Appellants. James C. McGrath , SEYFARTH SHAW, LLP, Boston, Massachusetts, for Appellee. ON BRIEF: Jason H. Alperstein , Mark J. Dearman , ROBBINS GELLER RUDMAN & DOWD LLP, Boca Raton, Florida, E. Powell Miller , Sharon S. Almonrode , THE MILLER LAW FIRM, PC, Rochester, Michigan, Caroline F. Bartlett , CARELA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C., Roseland, New Jersey, for Appellants. James C. McGrath , SEYFARTH SHAW, LLP, Boston, Massachusetts, Robyn E. Marsh , SEYFARTH SHAW, LLP, Chicago, Illinois, for Appellee.

NALBANDIAN, J. delivered the opinion of the court in which SUHRHEINRICH, J., joined. STRANCH, J. (pp. 886-89), delivered a separate opinion concurring in the judgment.

OPINION

It is cliché for a court to note that a case is odd. But the moniker is appropriate here—where the parties seem to ignore the fundamental question of governing law. Congress commands that we apply the law of the "several states" in this diversity...

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