Attorney(s) appearing for the Case
Irene C. Keyse-Walker , Tucker Ellis, L.L.P., 950 Main Avenue, Suite 1100, Cleveland, Ohio 44113-7213; Brett K. Bacon , Gregory R. Farkas , Colleen C. Murnane , Frantz Ward, L.L.P., 127 Public Square, 25th Floor, Cleveland, Ohio 44114-1999; Thomas M. Byrne , Stacey M. Mohr , Valerie S. Sanders , Sutherland Asbill & Brennan, L.L.P., 999 Peachtree Street, N.E., Atlanta, Georgia 30309-3996, Loren L. Alikhan , Jonathan Hacker , O'Melveny & Myers, L.L.P., 1625 Eye Street, N.W., Washington, D.C. 20008, Attorneys for Appellant.
Anand N. Misra , The Misra Law Firm, L.L.C., 3659 Green Road, Suite 100, Beachwood, Ohio 44122, Robert S. Belovich , 9100 South Hills Boulevard, Suite 300, Broadview Heights, Ohio 44147, Attorneys for Appellee.
BEFORE: Celebrezze, P.J., Jones, J., and E.A. Gallagher, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
FRANK D. CELEBREZZE, Jr., P.J.
{¶1} This cause is before us on remand from the Ohio Supreme Court for further review of our decision released December 15, 2011.1
{¶2} On review of appellant Ford Motor Credit Company's proposition of law that [c]laims for breach of contract, fraud, and nondisclosure involving a standardized contract cannot be certified as a class action when individualized inquiries are necessary to determine (a) whether each claimant's contract was actually violated or misrepresented, and (b) whether each claimant suffered economic harm as a result,
the Ohio Supreme Court reversed our decision based on their recent holding in Cullen v. State Farm Mut. Auto Ins. Co., 137 Ohio St.3d 373, 2013-Ohio-4733, 999 N.E.2d 614.
{¶3} We therefore reverse the judgment of the trial court granting class certification and remand this cause to the trial court for further proceedings in accordance with the holding in Cullen.
{¶4} Judgment reversed and remanded.
It is ordered that appellant recover of said appellee costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate be sent to said court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
LARRY A. JONES, SR., J., and EILEEN A. GALLAGHER, J., CONCUR.
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