In the MATTER OF: NAVISTAR MAXXFORCE ENGINES MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION.
Appeal of: Drasc, Inc., and S&C Trucks of Winklepleck, Ltd.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued November 2, 2020.
Decided March 11, 2021.
Attorney(s) appearing for the Case
William M. Audet , Attorney, Audet & Partners, LLP, San Francisco, CA, Laurel G. Bellows , Attorney, BELLOWS & BELLOWS, Chicago, IL Adam J. Levitt , Attorney, Dicello Levitt Gutzler LLC, Chicago, IL, Jonathan D. Selbin , Attorney, Jason L. Lichtman , Attorney, Lieff, Cabraser, Heimann & Bernstein, LLP, New York, NY, Andrew Kaufman , Attorney, Lieff, Cabraser, Heimann & Berstein, LLP, Nashville, TN, for Plaintiff-Appellee Class. Representatives.
Owen J. Rarric , Attorney, Krugliak, Wilkins, Griffiths & Dougherty CO LPA, Canton, OH, for Appellants Drasc, Inc. and S&C Trucks of Winklepleck, LTD.
Folasadi A. Aiyeku-Turner , Salt Lake City, UT, for Defendants Lake City Trucks LLC and Rush Truck Centers of Idaho, Inc.
Angela Higgins , Baker Sterchi Cowden & Rice LLC, Kansas City, MO, for Defendant Roberts Truck Center of Kansas, LLC.
Before Sykes, Chief Judge, and Easterbrook and Wood, Circuit Judges.
Easterbrook, Circuit Judge.
A class of owners accused Navistar of selling trucks with defective engines. The suit was settled for $135 million, and in June 2019 the district court gave its preliminary approval. Before the approval could become final, the court had to notify class members of their right to opt out, and it needed to consider any substantive...
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