Skip to main content
Skip to footer site map
Ohio Attorney General Mike DeWine
Online Public Inspection File
Back to Search Results
Plaintiff purchased a motorcycle manufactured and distributed by Defendants. Plaintiff alleged that the motorcycle's braking system violated federally mandated rear brake safety standards for motorcycles. Plaintiff made class action claims for failing to manufacture motorcycles that complied with federal safety standards, including sub-issues of a vehicle recall and false representations and marketing, and failing to provide the Ohio Lemon Law notices with the motorcycles. Defendants argued that Plaintiff and proposed class members lacked standing to bring the action as there was no actual injury alleged. The Court found that the CSPA provides for economic damages and injunctive relief; therefore an actual physical injury need not be alleged. The Court found that, pursuant to the standard set forth in Marrone, Plaintiff had failed to provide evidence of court decisions in the Public Inspection File that involved industries and conduct that were substantially similar to the Defendants except for the claims regarding false representations and marketing. The Court therefore ruled that the false representation claim was the only class action claim that could proceed.
Privacy and Disclaimers
| © 2009 Ohio Attorney General Richard Cordray