Kelecseny, et al. v. Chevron, U.S.A., Inc. et al. (U.S. District Court for the Southern District of Florida)
Eimer Stahl represented an oil refiner in this purported class action against gasoline manufacturers on behalf of Florida boat owners who claimed to have suffered damage to their boats’ engines and fuel systems as a result of using ethanol-blended fuel. The complaint originally alleged three counts; plaintiffs withdrew the fraudulent concealment and Florida Deceptive and Unfair Trade Practices Act claims prior to moving for class certification and proceeded on only the failure to warn claim. During briefing over class certification, plaintiffs dropped three of their four damages classes, and proceeded as to one damages class and an injunctive class. The court denied class certification, finding that plaintiffs had failed to meet the requirements of Rule 23(a), including numerosity, typicality, and adequacy of representation, as well as the predominance, superiority, and cohesiveness requirements of Rule 23(b). Eimer Stahl also took a lead role in briefing and arguing class certification.