Third Circuit Rejects Volkswagen Class Settlement for Fundamental Intra-Class Conflict in Consumer Fraud Class Action

In a precedential opinion issued on May 31, 2012, the Third Circuit in Dewey v. Volkswagen AG, et al., reversed an order granting final approval of a nationwide class action settlement on the ground that the class representative plaintiffs could not adequately represent the interests of the entire class, as required by Fed. R. Civ. P. 23(a)(4).