THOMAS J. MCGETTIGAN, CATHY S. MCGETTIGAN, AND PAULINE C. LANGHAM, ON BEHALF OF THEMSELVES AND A PUNITIVE CLASS OF ALL OTHERS SIMILARLY PLAINTIFFS, V. FORD MOTOR COMPANY, DEFENDANT, 265 F.SUPP. 2D 1291 (S.D. ALA. 2003)
Putative class action was brought in state court, alleging that automobile manufacturer breached warranties made pursuant to Magnuson-Moss Warranty Act when it produced automobiles with defective intake manifolds. Manufacturer removed and named plaintiffs moved for remand. The District Court, Butler, Jr., J., held that: (1) proceeds from proposed common fund, comprising disgorged profits, could not be aggregated to satisfy amount in controversy requirement for diversity jurisdiction; (2) proceeds expended in notifying public of problem could not be aggregated; (3) Warranty Act barred class action suits in federal court, when as in present case only three named plaintiffs were involved; (4) Warranty Act was not preempted by National Traffic and Motor Safety Act; and (5) named plaintiffs would not be awarded fees and costs, for successfully obtaining remand. Case remanded.