Lightfoot persuading Alabama Supreme Court to dismiss class action.

The Alabama Supreme Court reversed a trial court order denying our client’s, an auto manufacturer, motion to dismiss a consumer class action. The named plaintiffs alleged that our client breached their warranties by closing the dealership in their area, causing them to have to travel to another city to obtain warranty repairs. Lightfoot moved to dismiss for lack of subject matter jurisdiction, arguing that the plaintiffs’ claims were not ripe because neither plaintiff had required repairs when they filed the class action complaint. Lightfoot also explained that the claims were moot because our client contracted with another dealership to provide warranty work in the area in which the dealer closed. Lightfoot argued alternatively that the complaint failed to state a viable claim for relief. After the trial court denied our client’s motion to dismiss, Lightfoot petitioned the Alabama Supreme Court for a writ of mandamus and successfully urged the trial court to stay its proceedings. The Alabama Supreme Court ordered the trial court to dismiss the class action because Alabama does not recognize constructive breach of warranty actions.